Research On Legal Issues Of Rural Land Requisition Compensation In China

China Constitution provides that the State has the right to reasonably levy the land of rural collective and provide reasonable compensation based on the needs of the public interest. Therefore, the state land acquisition for public good properly, is of legitimacy and legality. However, the current agricultural land levy in China is illegal widely in China, and agricultural land compensation system specification is lack of effective regulation. Compensation for the land of farmers seriously departure from the original purpose of agricultural land levy and established models in all aspects, methods and follow-up issues to deal with. Current compensation to the land of farmers departures from its legitimacy, legality, legitimacy, land access system throughout the country, standards, compensation, land acquisition models and other issues basically refer to the local temporary files illegally, which lack of a unified entity authority legal norms; in the compensation program, the lack of professional specific governing bodies, the lack of effective compensation regulatory and the lack of supervisory of compensation measures do exist; to compensate farmers whose land was expropriated after the follow-up questions, the lack of appropriate safeguards and mechanisms for long-term services, resulting in being resettlement farmers back home cause social disorder and other issues. Analysis of the current demolitions of many compensation cases and cases of administrative dispute, you can clearly see that regulate rural land market, the implementation of the compensation system has become the process of China's cities, to promote the cause of urban and rural development and improved social security system must be solved on the road problem. This phenomenon from the perspective of law and seek legal and clarity, authority and humanity of the compensation model, the smooth progress of China's rural land, farmers need ways to effectively protect the rights and interests.Countries and regions with higher market levels mostly experienced a gradual process of legalization on the issue of land expropriation. Similarly, the rural land requisition compensation also requires to go on legal way based on the analysis of the status quo, and shall continue to strengthen and increase human rights interest in the land of farmers, social security input. In this paper, the system of compensation for expropriation of agricultural land reform and innovation models to explore value lies in:First, the process of urbanization in our country and the context of urban and rural development on agricultural land within a short time requirements imposed on large area, heavy workload compensation law based on uniformity is poor, the weak regulatory compensation procedure, the overall status of the chaotic situation, drawing on national and regional compensation for work experience and inspiration to explore can effectively solve the feasibility of China's current system of land acquisition compensation, research can promote the urban and rural development, promoting social security conducive to a harmonious society humane compensation mode. The second is made specifically to the process of rural land requisition compensation problems solved idea-proposed to land compensation as the center, establish and improve the overall portrait of rural land requisition compensation and the legal system entities, standard compensation process; landscape around the reality of economic development based, drawing on the domestic experience a degree of flexibility in external compensation handling local problems; land-related departments, agencies and civil compensation, social security, skills training, dispute resolution bodies such as network cooperation, effective communication, to solve the whole problem of full three-dimensional; third recommendation is to focus compensation for services institutions to establish specialized, standardized supervisory measures. Reasonable compensation to personnel allocation, agency management and personnel issues, can provide the organizational basis for professional, efficient, and stable compensation. This paper is divided into five chapters. The first chapter is an introduction. The second chapter is for the related basic theoretical issues of rural land requisition compensation. The third chapter is for the status and problems of rural land requisition compensation system in China. Chapter four is for models and inspiration of domestic and foreign land compensation. Chapter V is for fundamental ideas for improving the legal system of rural land requisition compensationIn the first chapter, the background, the literature review and research methods are introduced. argues that rural land requisition compensation has very important value in promoting the urbanization process, the urban and rural development, improving the social security system, and the implementation of the people livelihood thought, and promoting social stability and harmony, and so on. Literature review of rural land requisition compensation and the concept of the significance of rural land acquisition compensation, the development of rural land requisition compensation and compensation for the problems and to explore the feasibility model and the recommendations of the Legal Systems of four, summarizes the current status of academic research. That the current rural land requisition compensation is not sufficient legal research, legislation has considerable lag, is not conducive to regulate rural land requisition compensation act contrary to the original intention of the development. This study will integrate the use of historical analysis, logical analysis, comparative analysis, empirical analysis, specification analysis and other research methods.In the second chapter, the basic theory of rural land requisition compensation and related issues were discussed. From rural land acquisition of the concept, the legal and reasonable basis for collection of agricultural land is discussed. the meanings and impacts to the social stability and economic development of the land compensation are analyzed. In China, rural areas and farmers are the foundation of a nation, requisition in the context of what is reasonable, compensation for farmers on how the system can not incompatible with the norms of human rights is not incompatible with people's livelihood. Through analysis and argument, this paper defines the orientation of rural land requisition compensation system should meet the legal, systematic, practice open, fair and effective oversight, and not simply an expedient to complete land acquisition projects.In the third chapter, combined with the actual situation of the current land acquisition compensation, major development problems and causes of rural land requisition compensation were summarized and analyzed. These issues include: compensation for the absence of specialized physical laws and regulations, lack of supervision in the process of land compensation, land acquisition and compensation mechanism for the follow-up protection and dispute resolution mechanisms behind are not in place and so on. Specific performance:local government financial dependence on land, land acquisition measures on the distortion of the public interest; narrow scope of land requisition compensation, the compensation standard is low, a single placement of compensation, the compensation cost allocation disorder; and the proliferation of interests of the monopoly of land, urban and rural pattern of separation of rural land requisition compensation and follow-up security measures seriously lagging behind, dispute resolution and relief channel is not smooth and so on. So as to perfect the idea of land requisition compensation system to provide basis in reality.In the fourth chapter, the rural land requisition compensation model at home and abroad were discussed. Western developed countries, regional land acquisition compensation (compensation) system, for example, urban and rural development through the test site-compensation for agricultural land in Chongqing status, lack of experience and analysis, mapping and induction system of Country faces land acquisition compensation Problems that rural land requisition compensation should be "efficient, fair" principle, learn from the experience home and abroad, go with the current legal practice, legalization and routinization, transparent and thoroughly.In the fifth chapter, we propose a sound legal system of rural land requisition compensation and the basic idea. Includes the following five areas:the legislative model and values, the paper argues that the law should establish national uniform regulations, but according to local actual situation, the compensation provisions, standards, etc. in a unified and stable to be flexible, based on local regulations; Legislation should focus on something which based on people's livelihood and can solve practical problems rather than development of schema, in order to change the phenomena and cases that no laws to depend on, citing ineffective meeting minutes. As for monitoring the compensation process, the procedure should effectively be regulated, compensation policies should be public, compensation program should be innovative, and a sound and effective regulatory mechanism should be established. As to compensation system in the innovation, argues that the land requisition compensation should focus on the follow-up focus on social security, a clear scope of compensation, raising the compensation standards, weakening the land finance, standardized compensation processes, set up a compensation fund to pay attention to cultural guide, and continuously expand compensation mode, establish a sound social security of farmers whose land-the land of farmers to carry out employment skills training, increase business, employment, environmental support, a complete medical education conditions, both from the spirit and the reality of urbanization, which really based on people's livelihood and to reduce the proper compensation for land acquisition farmers returning home and the social chaos phenomenon. As to the disputes about settlement mechanism in the land requisition compensation and relief system, the administrative procedures should be smooth, judicial efficiency should be improved, while promoting the use of reconciliation and other non-administrative Dispute Resolution, and compensation system should be effectively standardized to protect the land rights of landless farmers.