The Distribution Of Land Expropriation Compensation Of Our Country

In the rapidly urbanized and industrialized economic background, land expropriation is used as a method of expanding the scope of state-owned land. During the expansion, many land expropriation compensation disputes are appearing. The distribution system of compensation is an the most important part of land expropriation, which is a key system entitling the villagers to the ultimate benefits and rights from the village-owned land and is the ultimate method of solving disputes caused by the land expropriation. However, under the present Chinese legal system, because it is lack of particular laws and regulations or the present laws are too general, and, the character of land expropriation compensation and compensation benefits is uncertain, the parties entitled to participate the distribution are pending, the distribution principle and procedure are too unparticular, rigid,and the dispute solving procedure are too simple, the disputes arising from land expropriation are hard to be solved satisfactorily and consistently and the social and legal effect are unsatisfactorily.This article is to analyze the present applicable laws in China and study the distribution of land expropriation compensation benefits.The forcibility and destructivity of land expropriation requires that the legality\necessity and indemnificatory of land expropriation compensation.The particularity of land expropriation requires the community of land expropriation compensation benefits.The qualification of parties entitled to participate in distribution of land expropriation compensation benefits. First of all, the parties entitled to participate in distribution are not simply equal to the members of collectives.The parties entitled to participate in distribution include collective members and incollective members.clarifying the qualifications of collective members is very important for the solving the parties entitled to participate in the distribution.how to clarify the collective parties? 1\has the membership of the collective organization;2 has contracted with the land from the collective organization 3/has performed the obligations of the collective organizations 4 excepts. The distribution standards and procedures of land expropriation compensation benefits。land expropriation compensation standards is different from land expropriation compensation benefits distributing standards.land expropriation compensation standards involves the relationship between the collective organizations and government while the distributing standard involves the proportion between collective organization and its members.the two standards are different but has close relation. The present applicable laws have not specified the procedures and it is lack of maneuverability, so the laws should be particular. On the dispute solving procedure of land expropriation compensation benefits, the lack ness and shortage deficiency of dispute solving procedure; 1) relief approaches are singular and procedures are questioning.2\the character of dispute is so unclear that the administrative relief approaches and civil relief approaches are mixed.3)judicial relief approach is hard to try and execute and always are interfered by other factors. Multi-procedures should be established to solve the distribution of land expropriation compensation benefits.