Research On The Legal Issues Related To The Allocation Of Compensation For The Land Acquisition And Compensation

By the process of China’s transition from an agricultural country to industrialized countries,continue to promote agricultural population transfer to cities and towns,the urbanization rate increased year by year.A large number of land expropriated,and farmers lost their land,which maintain their daily life or engage in other investment only by virtue of land compensation fees.However,China’s current contracting land acquisition compensation allocation is based on the village collective economic organizations and the secondary distribution,and the frequent population movements,the villagers of household registration and contracting to separate the phenomenon of outstanding.At the same time,due to the provisions of laws and regulations are not clear,leading to the compensation expense allocation of land expropriation disputes in judicial practice in which the referee standards are not uniform,the membership of the collective economic organization,how to determine whether the controversial court dispute belongs to the scope of the case,whether the conflict with the villagers autonomy and other issues.Therefore,in the process of compensation for the allocation of compensation expenses in the contract,the frequent occurrence of conflicts and disputes,the stability and development of society as a threat.To reasonably deal with the dispute of compensation for the compensation of the contracted land expropriation,it is of great significance to safeguard the legitimate rights and interests of rural women and children,to maintain social stability,and to promote the construction and development of rural society.The author starts from some legal problems in the dispute of the compensation for the compensation of the contract of our country,and divides into four parts to discuss the related problems of the compensation expense allocation dispute.The first part of that range from accepting the contracted land expropriation compensation allocation disputes provisions are not clear,the specific rights of land expropriation compensation is not uniform,disputes arising after the way of relief as well as the lack of limited scope of three aspects of some legal problems existing in land expropriation compensation allocation disputes in the analysis;The second part focuses on the five main types,the three major characteristics and the four reasons of the dispute of the distribution of compensation fees for the contract;In the third part,the necessary analysis is carried out on the actual situation of the allocation of the compensation expenses for the contract.This part of the land expropriation compensation allocation disputes the admissibility of the problem,the rural collective economic organization members qualification,after the land transfer land compensation expense allocation,the legal effect of the four aspects of analysis,discusses the limitations and lessons;The fourth part is the consideration and suggestion to solve the problem of the allocation of the compensation fee for the settlement of the contract.This part of the distribution of compensation for expropriation dispute and broaden the perfect contract remedies and clear membership of the rural collective economic organization standards,reasonable treatment of land transfer to non members of the collective economic organizations after the distribution of compensation for expropriation disputes,strengthen the judiciary of the village regulations and legal review about the four aspects of analysis,put forward thinking and suggestions to resolve such disputes.