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몽골 법체계상 공용수용과 손실보상의 문제점과 발전방안에 관한 연구
바트챙게르투맹뎀베렐 ( Battsengel Tumendemberel ) 제주대학교 법과정책연구원 2020 국제법무 Vol.12 No.2
Property Rights are fundamental Human Rights, thus protected by the Constitution. However, Property is regulated by the Constitution for Eminent Domain by providing compensation to the property owners. “Land Privatization” is the most frequently limited Property Rights in the case to protect Social Rights. From the perspective of personal interests, the fundamental rights of the property owner on land are protected by the Constitution. But from the public interest, Land is the territory of the nation. In order to protect the Social Rights, there are limitations on Private Property Rights in the Constitution, further mentioning: “If the Private Property Right is limited, the compensation is required.” Eminent domain on the land of the Constitution is enforced by “Law of Land” and “Law of Urban Re-Development” for a social purpose. “Law of Land Privatization” and “Law of Land Confirmation” enforce the privatization process on land. Eminent Domain on Land has been started since 2003 in Mongolia. Currently, according to the “Law of Urban Re-Development”, Re-planning Ger-district area project is implemented in Ulaanbaatar. This project of Eminent Domain on land is based on the statements of the Constitution: “For the Special Purpose of the Government” and “For the purpose of Social Necessity.” But the statements of “For the Special Purpose of the Government”, “For the purpose of Social Necessity” and “Compensation” have broad meanings and have no other clarification in other related law and regulations. The use of these statements opens the infringement and limits of Property Rights. On the other hand, the research on clarification and explanation of the Constitution is insufficient, thus creating a problem to approve other related laws. This research is dedicated to studying the statements of “Property Rights”, “Eminent Domain with Compensation on the Property” of the Constitution and other law and regulations. Furthermore, this research promotes the view on the current stability of the Constitution and protection on Private Property Rights of the citizen.
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바트챙게르투맹뎀베렐 ( Battsengel Tumendemberel ),김갑석 ( Gim Gab Seok ) 제주대학교 법과정책연구원 2016 국제법무 Vol.8 No.2
After going thorough socialism and then accepting democracy, Mongolia has currently grown politically and economically. The country had difficulty implementing a democratic electoral system due to socialistic system that had been established for long, but legislated for a new constitution and acknowledged suffrage as one of the basic human rights. Since the new constitution enacted in 1992, Mongolia has conducted 7 times of parliamentary elections, and 6 times of presidential election with democratic elections method. Although Mongolia is highly evaluated to have introduced the most safe democracy without any conflicts, it has insufficient points Because it imitated the electoral system of other countries and enforced applying as system in the short term. Although Mongolia introduced a democratic election currently, several problems exposed in enforcement of the electoral system have been occurred. First, because of the nature of the country, it is difficult to reflect the people`s opinion in the representative election owing to less election participation of people Second, as proportional representation system disappeared due to the unconstitutional decision, it cannot reflect the people`s opinion accurately because valid votes become dead votes. In addition, because Mongolia consists of many different nomadic tribes due to its geographical characteristic, so it takes a long way and time to get to the capital city to exercise a vote. Although more than 60% of the total population live in the capital city, it is true that many of them have actual residential address in local areas, living in Ulaanbaatar. It is because 90% of universities are located in Ulaanbaatar, which draw population here and makes it highly dense. First, in order to develop the electoral system in Mongolia, Mongolia should introduce early voting system. Because it makes voting possible anywhere regardless of residence moving of the people, guarantees the basic rights of the people and can have a positive effect on even continuously dropping voting rate. Second, Mongolia should re-introduce the proportional representation system. Because it prevents the two-party system and legislates the opinions of various classes of society, by increasing the parliament advance of the minority, resulting in ensuring their basic rights.
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