Research On The Expropriation Compensation System Of Collective Land Usufruct Rights

When China’s Land Administration Law Implementation Regulations were revised in 2021,the original provision that "land compensation fees belong to rural collective economic organizations" was deleted,indicating that the inherent concept of land acquisition compensation system centered on land ownership has begun to disintegrate,and the status of collective land usufruct rights in land acquisition compensation will be more prominent.After the deletion of this article,the provisions on the attribution of land compensation fees are only found in article 243 of the Civil Code,i.e.compensation to collectives.However,according to Article 327 of the Civil Code,the owner of the usufruct right of the expropriated land is entitled to corresponding compensation in accordance with the provisions of Article 243,and whether the land compensation fee is only attributable to the collective has become an uncertain issue,and it is precisely because of this that there are many ambiguities in the way in which the collective land usufruct right is independently compensated and the mechanism for exercising the right to compensation for expropriation.This article examines this in five parts:As the introduction to the research,the introduction part clarifies the basis of the research of this thesis,defines the basic scope of the research,and reviews the relevant domestic research.The first part follows two lines of research,expounding the problems of undetermined independent compensation methods for collective land usufruct rights and poor exercise of expropriation compensation rights.The second part analyzes the relevant theoretical relationships and provides theoretical support for problem solving.First,the relationship between relevant rights and right holders was discussed,and then the compensation methods were discussed in the "should-should and actually".The third part analyzes local norms and judicial practice,focusing mainly on the expropriation and compensation of usufruct rights.The fourth part,under the guidance of the aforementioned research results,improves the expropriation and compensation system of collective land usufruct rights,mainly to solve the two problems and improve the system in the form of legal hermeneutics,supplemented by normative suggestions.The study shows that collective land usufruct rights are independent objects of expropriation compensation,and the "land compensation fee" stipulated in Article 327 of the Civil Code should be attributed to the person subject to land expropriation,including all right holders who have lost their rights due to land expropriation,the land compensation fee should be paid directly by the land acquisition authority to each right holder,and the lower limit of the compensation ratio for usufruct rights should be clearly stipulated by local government rules according to the actual situation.The expropriation and compensation of collective land usufruct rights is not an internal matter of rural collective economic organizations and farmers,and after the announcement of the proposed expropriation is issued,the usufruct right holder has the right to exercise the corresponding rights in accordance with the law and enjoy the corresponding right to relief in accordance with the law.