A Reflection On Dispute Of Allocation Of Chinese Rural Land Requisition Compensation Fee

2004 revision of our Constitution clearly state the needs of the public interest for the requisition of collective farmers and the land compensation. October 1, 2007 introduction of the "property law" forty-second, the 132nd further provides that if the contractor has been charged, the right of land contract is entitled to appropriate compensation, and compensation of interest interests lead to disputes. Expropriation of rural land has been triggered by the allocation of land compensation disputes with the significant increase in the development of society. One of the most controversial is the village collective organizations to develop the distribution of land compensation program against, other villagers prosecution claim the right to equal distribution of benefits. More and more allocation of land compensation disputes went to court, after court proceedings, as well as the main body of the merits of the case controversial issues such as how to deal with larger differences, the results appear different. In view of the distribution of land compensation fee and is closely related to the vital interests of farmers, involving a large number, will involve many issues, serious impact on rural stability. How to solve such issues become a matter of urgency. In this paper, problems and solutions of such mechanism of thinking, of the causes of such problems, the legal issues involved to address the ideas and strategies.This paper is divided into four parts:Part I: the basic case and the assessment. In this part of the author from the Tongan District, Xiamen City, Fujian Province of the distribution of a compensation dispute cases about the case for the assessment of the focus of controversy, think the cases are a reflection of the relevant legal issues, for the below to explore the groundwork done .Part II: China's rural areas the distribution of land compensation disputes and legal characteristics of the causes. This part of the law from the causes and characteristics of the two aspects of China's rural areas the distribution of land compensation disputes has been analyzed.Part III: China's rural land disputes in the allocation of compensation fee of the main legal issues. In this section the author discusses the distribution of the main problem of defining the qualifications, special interests of the villagers to the main treatment and the distribution of land compensation program related to legal issues, disputes with a view to allowing the main legal issues to find solutions.Part IV: China's rural land acquisition compensation disputes settlement distribution. In this section the author for the paper in front of the principle put forward a solution, the solution to sort out the existing channels to address the strategies and proposals in the hope that the judicial practice of providing some useful reference.