An Analysis Of The Case Of Fu Mouxia V.baota Group’s Housing Demolition And Resettlement Compensation Dispute

Because of the vacuum between the law itself and the practice,especially the problem of confirming the membership of the collective economic organization,although many laws and regulations refer to the collective economic organization,how to identify the membership of the organization is lack of clear specific standards and unified operation mode in practice.The treatment of this kind of problem in the trial practice of the local court is also different,and there are great disputes.Because of this,the current theoretical and legal practice of our country call for the establishment of unified membership criteria.As the main case of the analysis of the article,"the contract dispute between Fu Mouxia and Baota Group for Housing demolition and Resettlement compensation This case involves the scope of the court civil case,the examination of the parties,the confirmation of membership and the right to receive compensation for the allocation of land expropriation.Although the plaintiff paid for her divorce,he still has the right to operate the contracted land of the pagoda group after divorce,and shall continue to be entitled to the rights of the members of the collective economic organization of the pagoda group.Disputes arise between him and the pagoda group due to the distribution of compensation fees levied on the land.The two parties are equal civil subjects and belong to the scope of the civil case.The civil court of the court has the jurisdiction over this.Although Liao Moujing’s family members are related to this case,However,it is not a direct duty holder of rights and obligations and does not have the parties in this case.As a member of the collective economic organization of Baota Group,Fu Mouxia enjoys the right to allocate land compensation funds in Baota Group as a member of the collective economic organization of Baota Group.This paper analyzes the contract disputes of compensation for rural housing demolition and resettlement in our country,and there are many problems in practice.It is necessary to scientifically perfect rural land legislation,revise the organic law of village committees in time,standardize rural elections,earnestly strengthen villagers’ autonomy,correctly and efficiently enforce the law,scientifically and reasonably formulate a unified standard for compensation for rural land expropriation and housing demolition and resettlement,enhance the protection of the interests of landless farmers,and investigate illegal acts in a timely and systematic manner.And retain part of the reserve to ensure theenforcement of the court,so as to promote the "rule of law China" in the rural housing soil of our country.Core guidance and Promotion in the Field of compensation for Land demolition and Resettlement.