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Problems Of Rural Land Expropriation Compensation Assignments And Legal Countermeasures

Posted on:2012-08-15Degree:MasterType:Thesis
Country:ChinaCandidate:C B HanFull Text:PDF
GTID:2166330338497908Subject:Law
Abstract/Summary:PDF Full Text Request
Our country is a agricultural country, among more than 1,300 million people, more than 900 million is agricultural personnel, the land is peasant's most basic living guarantees.With the rapid development of China's socialist economy and Acceleration of the urbanization process, demand for construction land is rapidly increasing . Collection of rural collectively owned land to address land supply and demand is becoming the main method.However, when the government is collecting the rural collective land, many problems are exposured as compensation paid in the allocation process. The distribution of the compensation payment concerns peasants' vital interests and involves a wide number of people and a wide range of area。If we handled incorrectly it can seriously affect the stability of rural society. So the task of top priority is how to solve such problems.By comparison with foreign land expropriation compensation system and on the basis of China's national conditions , this paper studies the land expropriation compensation distribution of China. Hope for our country's rural social stability and unity and harmonious socialist society to be helpful.This article is divided into six parts . The first part is introduction.The second part introduces the concept of rural land expropriation and legal basis. Rural land expropriation compensation standards and compensation distribution are of great significance. The third part analyses the rural land expropriation compensation distribution problems and Pointed out that the rejection of compensation is serious. Farmers can not get due compensation. As the basis for allocation of compensation is not specific, clear, it leads to widespread distribution of disputes. In addition, compensation allocation procedures are not transparent and improper operation is severe.As compensation distribution is lack of relief mechanism, the phenomenon is relatively general that peasants appeal for help. The fourth part analyzes the causes of problems about land compensation allocation. The system aspect displays in that compensation standard of land requisition is not unified and compensation standard for land expropriation is too low and the subject of participating in distributing the compensation is fuzzy and compensation allocation regulations are imperfect. Causes of action are that allocation process is not transparent and the supervision departments are incongruous and quality of supervisory staff is not high. Causes of concept are that some people's consciousness governed by law is faint and there is awareness of the abuse of power. The fifth part proposes countermeasure to solve this problem.First,we should improve our country's current regulations and rules. Reconstruct the rural land ownership subject system. Define the rural collective member's identity. Improve the allocation of land compensation legislations. Improve the standards of compensation. Second, by building a strong regulatory system we can complete the information disclosure system, strengthen the coordination and cooperation between every supervision department and improve the quality of supervisory staff to form the legal system environment.At last, we should establish a compensation committee management system and set up trust fund committee. On the premise of improving the system of rules and supervisory system we can realize a store of value and fund appreciation. The sixth part is conclusion.
Keywords/Search Tags:Rural collective land acquisition, Compensation, Distribution, Regulation
PDF Full Text Request
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