The Research Of Legal Safeguard Mechanism Of Our Collective Land Expropriation Compensation

The land problem concerns farmers livelihood, agricultural development and rural prosperity, the relation of the construction of new countryside and rural harmonious society construction. China's urbanization construction need more and more rural collective land, land expropriation in the coming decade, the tide will continue to surge, and will have nearly 200 million rural surplus labor force shift for urban residents.In the social reality of land expropriation in itself, farmers there is no particular to boycott and objectionable, but land expropriation compensation popular reaction compare strong. Main problems: The first is the land compensation range is too narrow, standard is too low, the cause of the farmers not than before, and even living situation worse; the second ,it is land compensation program lack of perfect system design, cause compensation standard badly roughed equalitarian, not on time full specified amount extends; the third, the government role in land compensation to be fair, biased cutting;the fourth is the remedy system compensation for land not timely follow-up, plus land compensation and other sensitive issues involving local interest, leading to the judicial organs of land expropriation compensation cases to keep secret. Based on the above problems, Reforming the current land expropriation compensation system is urgent,this paper collecting the domestic and foreign land expropriation compensation standard, compensation scope, compensation procedures, relief system under the material such as,and seriously study the crux of the problem, the author puts forward his own shallow suggestions.This paper adopts data analysis, comparison, historical research, overall planning, logic analysis, and put forward and solve the problems in argument with data, with key problems for, for fuses in-depth research.This paper is divided into four parts: the first part of land expropriation compensation for land expropriation compensation summary, namely the theory basis and the historical review, why an emphasis land expropriation compensation and compensation should adhere to the principles of the land expropriation compensation in constructing the harmonious social problems such as the important meaning; The second part is the compensation system of land expropriation in collective the disqualified, discusses the domain existing in the current land compensation of compensation area is limited, low standard, procedures not perfect, relief measures fail to follow up and government role; anomie The third part is the compensation system of land expropriation outside, experience learning investigation and main reference to the United States, Germany, France, Japan and other countries and China's Hong Kong and Taiwan regions of land compensation related system, summarizes the system for our reference results; The fourth part for the construction of collective land expropriation compensation legal safeguard mechanism path, and puts forward some solutions to the basic thought of the main problems, one is the compensation system of land expropriation, including in the perfection of the legislation of the constitution expressly land compensation principle, improve the land administration law of the property right system of collective land, clear, formulate a special farmers property of the collective land expropriation compensation law, we must improve the compensation standard, broaden the scope of multi compensation, compensation methods, and formulate the perfect land compensation procedures, etc. 2 it is established in land expropriation compensation shall be in government role, the government should become the fair land expropriation compensation for land expropriation policy makers, the interests of the related subject coordinator and social security responsibility of land-lost farmers stakeholder. Three is perfect land compensation legal remedy mechanism, including constructing unified compensation and resettlement fees dispute arbitration mechanism and perfect the land expropriation compensation judicial relief way, etc.