A Study On The Disputes Over The Land Com Pensation Distribution Of The Married-off Women From The Villages

With the acceleration of the pace of China’s modernization reform and the increasing demand for urban constructive land,a large number of rural land has been expropriated by the state,and the peasants living on land,including "Married-off women from the villages",have lost the guarantee of survival.Land expropriation is the consideration of the public interest of the country.The ownership of land changes.A few people sacrifice their own interests for the public welfare.In order to ensure fairness and justice,the state should compensate these people.The issue of land compensation fee is one of the important ways to make up for the sacrifices made by the expropriated.However,the land compensation fee is unique,which involves secondary distribution.The ownership of rural collective land is mainly village collective.Therefore,the compensation fee is usually distributed to collective economic organization by the state first,and then distributed to the members after the village collective retains a certain proportion.According to the law,the distribution of land compensation needs to be discussed by all the members of the collective.Because of the custom of " Daughter needs to marry someone else " and the traditional thought of " A married daughter is like water ",the "Married-off women from the villages" as a special group,its rights and interests in the distribution of land compensation are more vulnerable to infringement and disputes are more numerous.Therefore,this paper attempts to explore the problems in the dispute and put forward solutions based on the real cases in real life and the relevant experience of scholars.This paper mainly includes the following parts:Firstly,this paper discusses the concept of " Married-off women from the villages"" and "land compensation fee",after that,the source of the right to obtain land compensation and the characteristics of this kind of disputes are briefly analyzed.Secondly,this paper detailed analysis the problems in the dispute.It mainly includes four aspects: Whether it belongs to the scope of civil litigation is not clear,the censorship of villagers’ autonomy norm is not perfect,the standard of defining the membership of collective economic organizations is not clear,and the deadline of obtaining land compensation is not clear.Finally,combined with the summarized problems,the paper puts forward corresponding solutions.For the problem that Whether it belongs to the scope of civil litigation is not clear.This paper holds that it should be solved from two aspects:clarifying the meaning of the third paragraph of the first article of the interpretation and clarifying the qualification of the litigation subject of the defendant’s villagers committee.As for the problem that the review mechanism of villagers’ autonomy is not perfect,it is suggested that the scope of judicial review and the mechanism of administrative review should be clarified.For the problem that the criteria for determining the membership of collective economic organizations are not clear,this paper puts forward specific criteria and focuses on the analysis of the Countermeasures of solidifying equity.In the end,the deadline of land compensation should be based on the compensation plan made by the government.