The Essay Of Independent Compensation For The Right To The Use Of House Sites Of Land Expropriation

the land and housing is an important property, the collective and farmers is the security of the farmers' production and living, and shall give reasonable compensation. Long-term public ownership of the land in our country, and all working people collective ownership by the whole people namely, countries in order to meet the demands of public interests, can be in accordance with the law or on land requisition and compensation. Unfortunately, at present our country legislation from the perspective of collective land expropriation compensation, especially for rural housing land use right to impose compensation problem seldom involved, the regulation of host law very "limited", on the other land compensation fees and resettlement fees standard, by the province, autonomous region or municipality directly under the central government with reference to a standard of land compensation fees and resettlement fees. In short, the current national level law has not stipulated a compensation on the land, especially on rural land compensation problem seldom involved, because the system is not sound, in practice, around the practice around the compensation shall be imposed on the land if we can't give consistent answer, and in different extent, harm the interests of housing land use right, can't give farmers with sufficient protection. Right to use house sites, on the function, value and other types of land rights is very different, should be under the basic principle of land expropriation compensation, individual housing land use right as a kind of independent compensation, make the rights and interests of farmers can get effective protection in land levy. Based on the analysis of related mono graphs, periodicals network electronic materials, news reports, and leading the "search", take the historical comparison, the analysis methods of legal analysis, foreign experience, the independent position is to confirm the land collection compensation, in order to improve the land expropriation compensation system of our country.In this paper, on the structure by the introduction, text and epilogue three parts.The body part consists of four parts altogether.The first part:from the origin of the housing land use right, legal characteristics and nature of war, to make a basic overview of the land.The second part:the theory combined with practice, summarizes the status of the land levy compensation, and finally give birth to the deep reason of this kind of situation.The third part:the academic controversy raises, independent compensation, the necessity of housing land use right after the argument.The last part, the interaction of theory with practice and discussion on the question of compensation system of land use right of legal construction, listed several initiatives.