Research On Legal Problems Of The Retained Land Resettlement System In China

The arrangement of resettlement compensation system in collective land expropriation is an important part of the rural land system,which is related to the major interests of farmers as well as the social harmony and stability.With the accelerating process of urbanization in China,social problems occur frequently because of land expropriation and resettlement compensation.And the Party and the government attach great importance to all kinds of exploration,trying to find a suitable path to solve the problem.In addition to the national legislation and the central policy,the local government creates the retained land resettlement system,which is one of the ways to solve this problem.However,not only the central legislation does not prescribe the retained land resettlement system in our country,but also there have been a lot of inconsistencies in the practice of the region to implement the retained land resettlement system,and the relevant legal theory research is also very weak.Therefore,on the basis of theoretical analysis and empirical research,this article discusses the main legal problems of the retained land resettlement system,comprehensively combing the main contents of the retained land resettlement system throughout the country,systemically analyzing the creation of the retained land resettlement system and the operation of the development and utilization of the retained land,objectively evaluating the effectiveness and the system value of the retained land resettlement system,explaining the system defects and their causes,and then targeted perfect path selections of the retained land resettlement system are put forward.The core essence of the retained land resettlement system is that the government returns a certain percentage of construction land for rural collective to develop the collective economy,and guarantee the long-term livelihood of landless farmers.The establishment of the retained land resettlement system is mainly due to the three backgrounds of maintaining social harmony and stability,increasing farmers' property income and the land acquisition system reform from three aspects.The evolution of the system has experienced four stages,namely,the embryonic stage,the basic forming stage,the basic mature stage and the stage of promotion.To construct a set of effective operation system of developing and utilizing the retained land is the key to effectively develop the retained land.The retained land utilization pattern,the retained land development cost constitution,the income distribution,the supervision and management are the main components.Collective farmers mainly based on the government policy guidance,the comparative analysis of the benefits and costs of development and utilization to determine using the conventional or novel retained land exploitation mode.The theoretical value of the retained land resettlement system in our country lies in providing a new analysis tool for us to have a comprehensive understanding that the collective construction land enters into the land market,which expands the theory space for the improvement and development of China's rural social security system and the land expropriation system.And its practical significance is conducive to the increase of landless peasants' land property rights,to construct a stable and harmonious land expropriation relationship.At present,although the retained land resettlement system receives the recognition as a central policy,but in the process of practice the relevant institutional arrangements gradually expose disadvantages of the retained land resettlement system.The retained land resettlement system hasn't constructed the property law of retained land use rights properly.The rights of rural collective retained lands set aside for development are seriously subject to the administrative power.Local government stays in the role of absence or offside while dealing with the retained land resettlement.Rural communities haven't established the improved mechanism of supervision and distribution for the development and utilization of the retained land.The relief mechanism of the retained land resettlement disputes remains imperfect.Government executive staffs value policy over law system.The retained land resettlement system is lack of legal authority.All of these problems put the system into serious predicament.The drawbacks of the retained land resettlement system make the retained lands hard to use effectively and it is difficult to protect the rights of retained lands owners.It's obvious that the retained land resettlement system is restricted when promoting and implementing over the nation.Given the collective retained land being categorized to rural collective operating land,the recent nature of right in rem is not served,which leads to the property income of rural collective and rural retained land relying on the administration confirmation from authorities.Hence,from the perspective of Civil and Commercial Law,the dependence of right in rem theory which follows the concept of the protection of private right,comes forward with the idea of modifications on the path option,which serves as the main stream of the system,builds up the retained land use rights system,the land transfer system and relevant policies.Furthermore,three more aspects shall be improved for the retained land arrangement system,which are the clarification of the roles of local authorities,the improvement of control mechanism for villagers and the protection mechanism of retained land arrangement right.As a down-top innovate system,the retained land resettlement system focuses on the hands-on arrangement to solve practical problems,which leads the lack of depth and width of the theory structure.Therefore,the retained land resettlement system should further on the enhancement of the top structure,make it lawfully official and extend nationwide when the time has come.In this article,as a main path to enhance our retained land resettlement system,the right in rem of retained land from usage rights,offers an alternative proposal for the modified of top structure which complete the lack of recent theories,and plays as a reference to improve our rural land system and land usufruct system.Meanwhile,practical studies are playing a vital part in the article,gaining piles of materials on government,peasant collective and etc.,providing more examples and data for the study,avoiding the vanity.