The Study Of Legal Problems On Land Acquisition Compensation To "Village-in-the Cities" Reconstruction

At present, urban village reconstruction is always the focus in social circles of rebuilding the villages inside the city, caused by the conflicts in many disputes emerge in endlessly, by transforming the land compensation caused dissension, because it is the most outstanding performance directly relates to the land-lost farmers of the economic benefits and interests. Therefore, in advocate building a harmonious society and the protection of human rights in the contemporary China, urban village reconstruction of the compensation system of land expropriation in research, especially in the law level less exploration, research problem solving legal mechanism, has important theoretical value and practical significance.This paper will be divided into preface, text, conclusions three parts. Text from four parts to the village reconstruction of city land expropriation compensation problems are analyzed and studied.The first part start from villages and the concept and characteristic of land expropriation compensation related theory and law in China, Briefly analyze our country villages and characteristics of land expropriation compensation, then draw out the second part.The second part contact the above discussion with the present situation of China's land expropriation compensation system, analyze the land acquisition during the rebuilding of "urban-village". Sum up the uniqueness and complexity of land acquisition compensation in our country. Meanwhile prove the importance of researching into land acquisition during the rebuilding of "urban-village" and the positive meaning of this article.The third part discuss the problem of land acquisition compensation. Start with legal institutions and actual exertion, combine with the unique characteristics of the problem to analysis and conclude the problem in level, find out the fundamental reason of the problem.The last part put forward some proposals to consummate the system of land acquisition compensation problem in our country. Analyze land acquisition compensation of foreign country and characters of "urban-village" in China, put forward five suggestions:Defining public interest, and in a fair compensation for land expropriation and legitimacy foundation. Clear for compensation, reform compensation type of distribution system, eliminate the enforcement of administrative compulsion, perfect procedural law. From setting up the legislation idea to strict procedural norm, from hearing procedure to judicial supervision, all need reconstruction and perfect, establish justice compensation the legislative principles, clear public interest category, perfecting the legislation, strengthen the government function, clear relief and supervision program, protecting farmers' interests.This paper writing aims to pass to researching on the system of land acquisition compensation in rebuilding the "urban-village", try to find out some useful proposals to create a better legal environment to make sure the land acquisition goes in a much healthy and rapid way, meanwhile to protect the farmers' interests.