问题描述:
英语翻译
第四段There is another note that must be made for the year
2004.Due to rampant land takings pushed by local govern-
ments in violation of existing laws and policies,the central gov-
ernment instituted a six-month moratorium of all land takings
from April to October 2004.Clearly,the upward trajectory
resumed after the moratorium.The urgent need for reform of
land-taking laws and practices is underlined by the further
findings discussed here.
第五段The Chinese Constitution grants the state the authority
“to expropriate land,in the public interest,for its use.” The
LML also provides that “[t]he State may,in the public interest,
lawfully requisition land owned by collectives,” without offer-
ing any further details on what could constitute “public inter-
est.”However,this constitutional mandate of “public inter-
est” is made inoperative by the broad requirement in the LML
that all uses of land for non-agricultural purposes must use
state-owned land.The operation of the LML is in effect an
authorization of state expropriation of rural land for all pur-
poses,including pure commercial purposes as disclosed in the
survey results,resulting in a state monopoly of the non-agricul-
tural land market.
Under the present legal regime,a farmer
has no power to negotiate or make a private transfer of his or
her land rights for a non-agricultural use.If a commercial de-
veloper is interested in converting a piece of agricultural land
for non-agricultural use,he or she has to ask the responsible government agency or local government to exercise its emi-
nent domain power so that the use nature of the land can be
legally changed.
第四段There is another note that must be made for the year
2004.Due to rampant land takings pushed by local govern-
ments in violation of existing laws and policies,the central gov-
ernment instituted a six-month moratorium of all land takings
from April to October 2004.Clearly,the upward trajectory
resumed after the moratorium.The urgent need for reform of
land-taking laws and practices is underlined by the further
findings discussed here.
第五段The Chinese Constitution grants the state the authority
“to expropriate land,in the public interest,for its use.” The
LML also provides that “[t]he State may,in the public interest,
lawfully requisition land owned by collectives,” without offer-
ing any further details on what could constitute “public inter-
est.”However,this constitutional mandate of “public inter-
est” is made inoperative by the broad requirement in the LML
that all uses of land for non-agricultural purposes must use
state-owned land.The operation of the LML is in effect an
authorization of state expropriation of rural land for all pur-
poses,including pure commercial purposes as disclosed in the
survey results,resulting in a state monopoly of the non-agricul-
tural land market.
Under the present legal regime,a farmer
has no power to negotiate or make a private transfer of his or
her land rights for a non-agricultural use.If a commercial de-
veloper is interested in converting a piece of agricultural land
for non-agricultural use,he or she has to ask the responsible government agency or local government to exercise its emi-
nent domain power so that the use nature of the land can be
legally changed.
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