Legal Research On Rural Land Development And Utilization

Rural collective land’s special ownership decided that the rural collective landexpropriation legislation would not only coordinate the longitudinal legal relationshipbetween local authorities, collective members and the administrative relationship between thecollective economic organizations, but also must adjust the horizontal legal relationshipsbetween the members of the collective. On the view of the nation, the purpose of thelegislation of rural collective land expropriation is to create a interest coordination andallocation mechanism in the land acquisition process, and to protect the collective members’rights to life and development on rural land, and to realize the collective economicorganization’s main function can be effective, and to promote the sustainable development ofgovernment fiscal structural reform and fiscal income, to promote the intensive developmentand sustainable utilization of land resources, thus, promote the harmonious development ofsociety as a whole.Legal research on rural land development and utilization provides a theoretical basis andinstitutional guarantees for rural land development and utilization. The primary task of legalresearch on the rural land development and utilization is proceeding from the legal property ofthe rural land; explore the legal nature of China’s rural land development and utilization,summed up the characteristics of China’s rural land development and utilization in economiclaw. Natural and social properties based on rural land, combined with civil law concepts andtheories, can speak of rural land is defined as a legal matter; combined with the relevantprovisions of relevant rural land legislation; combining research results from "member rights"and "property rights" the two controversial departure of the legal nature of China’s rural landdevelopment and utilization explore; ultimately from the natural attributes of the land in ruralareas, government responsibility, government intervention failure three summed up in China’srural land development and the use of economic law characteristics.The second important task of the legal research on rural land development and utilizationis to found that the current rural land development and utilization of the flaws and loopholesin legislation, and one by one to find out the countermeasures. In the second part of this article,it is pointed out that China’s rural land development and utilization of legislation legislativephilosophy dislocation exists, the legal system is set to be confused the procedural normsdeletion result in serious violation of procedure, the four aspects of the collective members of the land expropriation compensation allocated autonomy limited defects. Defects in the thirdpart of this article, that the second part of the concept from the legislative, regulatoryexpropriation and control compensation system, the development and utilization of landplanning approval process, land development and utilization of public participation in fourcomparison with other countries differences, for sex to learn from the experience of foreignland development and utilization of the legislation.In the fourth part, proposing that legislation of China’s rural land development andutilization should be perfected from the following four aspects. First, establish the concept oflegislation, and reflected in the legal system among the rural land development and utilization;second, implement the protection of farmland, rural construction land is open to the market,but should be on the implementation of the land use control reasonable subsidies; third,establish and strengthen the process of rural land development and utilization of informationdisclosure system and the mandatory hearing system, to increase the people’s right to speak inorder to avoid the occurrence of violations of procedure; fourth, build the legislative andjudicial rural land use planning regulations and review, so that the people get the right todamage the rights of relief, at the same time, learn from foreign legislation, protection ofpublic participation in every aspect of rural land planning; finally, it should be combined withthe reality of China’s rural, summarized, drawing on our about the realities of rural landdevelopment and utilization of land acquisition compensation disputes, rational analysis, andreconstruction of rural land acquisition compensation allocation mechanism.