| Disputes involving members of non-native collective organizations in rural housing expropriation compensation refers to the absence of the qualification right of rural homestead in the process of rural housing expropriation compensation,and is not a member of this collective organization.But civil litigation disputes over the right to claim on rural homestead were not obvious before 2010.In the last decade,such disputes have increased in number,type or intensity of contradictions.Through searching and carding out the referee literature net,this kind of dispute mainly manifests in the three fields of family affairs,such as cooperative housing construction,rural housing sale,marriage inheritance and so on.Disputes concerning members of non-native collective organizations in compensation for expropriation of rural houses The general root of the system lies in the contradiction between the social and economic development factors such as the rapid increment of land and the rapid flow of population and the special rural land legal system implemented on the basis of historical and political reasons in China.In addition,each kind of dispute also has its own specific causes and characteristics.Cooperative housing construction,the purchase and sale of similar collection and compensation disputes are all faced with the validity of the contract to determine the validity of the contract disputes,except for urban residents and villagers in the case of a clear division of the ownership of the building is confirmed to be null and void,other generally recognized validity;In the dispute of buying and selling the same kind,the purchase of rural houses by urban registered residents shall be confirmed other than invalidity,other circumstances should be valid.The way to confirm the benefit of expropriation compensation should be further improved when the contract is invalid or the contract is valid but the contract has no agreement on the expropriation of compensation.In the disputes of cooperative housing construction,we can choose three methods: identification method,comprehensive discretion method and restitution method to confirm and distribute the compensation benefits.If it is found to be invalid,it can be solved in the following four ways: no return,no claim for compensation for the time being,and compensation for the return and compensation for the sub-section of the return.The property(or amount of compensation)to be returned after invalidity may be determined by reference to the levying compensation standard or by the adoption of a comprehensive identification law.For marriage after divorce,non-collective members of the collective organization cannot obtain compensation for the right to use the homestead in the expropriation and compensation dispute of the marriage category;No matter whether the heirs have lost their membership of the collective organization,the heirs can obtain the right to use the homestead through inheritance and,of course,obtain the expropriation compensation benefits of this part of the expropriation compensation dispute. |
