On Defects And Perfect Of Compensation System Of Rural Land

China is a developing country, the rapid development of urbanization has led to the collection of a large number of rural land.Land is the foundation to the Chinese farmers. Lost land means lost social Security.In the case of Land acquisition can not be avoided, reasonable compensation is the important way to solve the lost lives and the importance of re-employment.At present, China in the rural land acquisition compensation system has many problems, making the land expropriation of farmers do not get reasonable compensation.I come from rural areas, choose this subject dissertation topic, is the want of this issue discussion, to promote Rural Land System of the perfect, legitimate rights and interests of farmers for the protection do their own legal rights.I hope that more scholars are concerned about this issue, to bring about early resolution of this problem, so that urban development and agricultural land charge each other to promote the harmonious development.This paper discusses the system, comparative analysis, from the rural land expropriation compensation system's basic theory, that land expropriation is unique, reflecting China's current land acquisition compensation system has the disadvantages of the proposal put forward reform and improve.In addition to the prefaceintroduction, this paper is divided into four chapters.Preface introduction describes the research background, ideas and meaning.Chapterâ… , rural land expropriation compensation system introduction.This chapter introduces the rural collective land acquisition compensation conception, pointed out that under China's special national land system, the public welfare of rural collective land acquisition,the collection is divided into for public welfare and for non-public welfare, this article will be based on civil law, on the non-publiccollection of related issues of research. And then introduce on rural collective land expropriation compensation main theories, there are five major the academic theory on land acquisition:grace,vested rights,the equality of public burdens,the special expense,human rights,social security. The author think China should adopt special expense and human rights that as a theoretical basis.Third, the introduction of collective land acquisition compensation standard to follow the three principles, namely the principle of full compensation, not the principle of full compensation, the principle of fair compensationChapter II, the defects of the legal system of rural land requisition compensation and causes.This chapter introduction collection of rural land compensation system's development and the current at first, and point out the current system of rural land acquisition compensation problems:the main beneficiaries of compensation are not clear, the narrow scope of compensation, the standard is low, a single compensation, the program is not perfect.Analysis of the reasons for these problems, consider the scope of non-public welfare Zhengshou, the rise to these problems the main cause of rural collective land property rights system defectsChapterâ…¢, improve the system of rural land acquisition compensation theory of choice property.Analysis of the scholars present on the rural property reform programs, noted that with Mr. Meng Qinguo property dualism established ownership of objects and materials according to the use of the property rights system is divided into two parts, that the property rights of equality and property rightsmutual independence, solves all types of property rights in our civil system of inequality, rural collective land property rights cross-cutting issues, in line with our national conditions, choose the theory as a theory of property right is well to land expropriation compensation system conducive tore-structure and perfection.Chapter IV, rural land expropriation compensation system remodeling.This chapter from the principles and specific system construction of China two sides of collective land acquisition compensation remodeling.That the principle of fairness should be chosen as the rural collective land acquisition compensation system in principle, respond to the question for Chapterâ…¡.To groups of villagers as compensation income subject; the rural land to compensate for the existence of the types of rights, compensation is based on the rights of inner-price factors; innovative compensation, the right of people to increase the responsibility of land acquisition; perfect pre Rural Collective Land,and relief after the procedure.