Research On The Study In The Collective Requisition Compensation In Shenyang

The demands for land are continuously increased, with the development acceleration of metropolitan and industrialization process, and the expropriations of rural collective lands becomes the only source to meet these demands. Expropriation of rural collective land is a kind of administrative behavior, which transfer the original belongings of collective land from peasants-owned into state-owned through the statutory procedures for public interests, according to the constitution and law.Rural collective land expropriation means a transfer of land ownership, which will affects the interests of multi-distributions, such as, government, village collectives, and landless peasants, etc. It will easily lead to a damage of legitimate rights and interests of land-expropriated peasants, or lose their long-term life incomes, if there is no scientific and reasonable compensation system as a guarantee.Recent years, a huge rural collective land was expropriated in suburbs of ShenYang with an accelerated pace of the city, which also increased the land-less peasants in amount. There are some system construction problems in current rural collective land expropriation jobs of ShenYang, which includes the lack in unified standard of law, the unfair distribution of land expropriation compensation, unclear land ownership, unreasonable compensation of land requisition procedures, and imperfect employment and social security system for landless peasants, and so on. And these caused a fuzzy definition of rural land expropriation and lead to commercial land expropriations, which resulted not only in a decreased cultivated acreage, but also a large amount of unemployed peasants, or even caused society instability.Therefore, the landless peasants became a social problem of ShenYang which needed to be solved our by city government immediately. And it is imperative to find out a fair and reasonable compensation system of rural collective land requisition, based on the current economic developing level of the city.This paper is based on the combination of questionnaire survey methods and literature materials, and mainly focused on problems of construction system, besides an in-depth analysis on those like the lack in unified standard of law, the unfair distribution of land expropriation compensation, unclear land ownership, unreasonable compensation of land requisition procedures, and imperfect employment and social security system for landless peasants, etc., according to the legal policy basis with "Constitutional Amendment", "Land Management Law" and "Land Expropriation Law" of the nation.Otherwise, the work also forward constructive proposals by drawing on the excellent experiences of rural land collective expropriation compensation system from ChengDu, ShangHai, and TianJin. Which means to ensure the full implementation of National Land Policy, and to guarantee the legitimate rights and interests of those landless farmers, and improve the distribution pattern and a further clarify property right of rural land collective expropriation compensation, by using the strictly limited of public interest land requisition.