Defects And Perfection Of The Legal System Of Collective Land And Housing Expropriation Compensation

The collective land and housing in rural areas is not only an important family property but also an important function of social security for farmers.A large amount of rural land and houses have been expropriated in the process of urbanization and development.But the existing legal system of compensation for rural land expropriation has certain defects.This paper will focus on the collective land and housing expropriation compensation legal system and analyse the system defects;furthermore come up with suggestions to improve the system.This paper is divided into four parts.The introduction part briefly introduces the policies,laws and related literature related to rural land and housing,and puts forward the shortcomings of existing research results,the value of the subject itself and the direction of research;The first part is analysis of the status quo.It intruduces the current conditon of the collective land and housing expropriation compensation legal system legislation,implementation from the objective perspective.Part Two reveals problems.For example,the collective land in the legal system design house acquisition compensation of public interest purpose is unclear.The expropriation procedures is incomplete.The expropriation and compensation standard is different.The relief measures to such problems is incomplete.The understanding of“Piecewise development and constructionin”for the public interest varies.There are some shortcomings in the procedure of expropriation before approval after the amendment of the Implementing Regulations of the Land Management Law.There are large regional differences in expropriation compensation standards,and the relief system also suffers from deficiencies such as judicial remedies lagging behind administrative remedies not being comprehensive.The third part profoundly analyses the reasons for the problems of the legal system of compensation for rural land acquisition in China,considering that they mainly include the lack of comprehensive legal provisions,limitations in the basis of rights,contradictions in public and private rights,and conflicts between housing and land.Part Four: Part IV: Solution Ideas,after analyzing the problems and causes,proposes that the legal system of rural land and housing expropriation compensation should be improved in four aspects:clarifying the purpose of expropriation,improving the expropriation procedure,unifying the compensation standard,and improving the relief measures,and exploring the path and measures to solve the defects of the rural collective land expropriation compensation system through the joint collaboration of multiple parties and combining with the ongoing reform of the rural land system.This paper holds that the amendment and perfection of the law makes the system of compensation for the expropriation of rural collective land house fill up some of its own defects,there has been obvious progress in the refinement of public interest purposes,expropriation procedures,compensation standards and relief measures,but there are still some defects that have not been improved or come into being,for example,the boundary between“Development in bulk”and commercial development is blurred,and “ Public interest needs ” needs to be more clearly defined;the pre-approval collection procedure creates new problems,and should be conditionally implemented,we should improve the procedure,issue the expropriation decision to protect the litigant’s right of action,and stipulate the expropriation period to promote the efficiency Due to the low compensation standard,we should make fair and reasonable compensation for the right to use homestead and farmyard,especially the spiritual compensation of the landless peasants.