Research On Land Contract And Management Rights Protection In Land Expropration

The right to land contractual management is the basic rights of the peasants and the main mode of collective land use. The right to land contractual management has formally been established as a stable usufructuary after the promulgation and implementation "Property Law" in 2007. How to provide more effective protection for the new real rights has important research value. At present, there are accelerating process of urbanization and a large number of collective land expropriation in china. However, because of imperfect system of land expropriation and lacking of long-term protection mechanisms of contract and management right, it has resulted to violations of the right to land contractual management and harm of the farmer interests in land expropriation and, land expropriation has become the main reason for disputesas of contract and management. Consequently, it is Is of great theoretical and practical significance to improve the land expropriation system and strengthen land management in the protection of land contract and management right. The article illustrates the importance of land contract and management right protection and how to protect it on all sides, from the theoretical analysis to empirical studies, from the defect of land expropriation as a whole to the shortage of protectiong of land coontract and management right as a part and from substantive regulation to procedural construction. The articler falls into four sections and the main contents are as follows:Section one:Theoretical research.The article has clarified the basic theory of the right to land contractual management and the land expropriation and given an analysis of the impact of land expropriation on contractual management right:on the one hand, the land expropriation has compulsorily deprived of the means of production of the contractor and eliminated the land use rights. On the other hand, the land expropriation has produced the legal relationship of charge compensation between expropriator and contractor.Section two:Institutional Analysis. According to theoretical research, the article points out main problems of the land expropriation system and the protection of land contractual right. The overall problems of land acquisition include the following:the abuse of land expropriation right; the narrow scope of compensation; the lack of compensation of ecological function of agricultural land; Unreasonable land expropriation program and the imperfection of public participation mechanism,etc. The main problems of contractual management right protection system include the following:the lack of independent legal status of contractor and scientific standard of compensation,etc. The imperfect system of land expropriation and protection of land contractual management right will impose a direct impact on protection of the right contractor.Section three:Empirical study. Taking Hainan province as the survey area, the paper has carefully investigated Related conditions of land expropriation and protection of the right to land contractual management in order to demonstrate the coincidence between theoretical analysis and actual situation. The survey results show that the problems of protection of contractual management right in Hainan had certain universality, though there is a certain inconsistency to part of the problem with the theoretical analysis. The facts show that land expropriation has become main form violating of the right to land contractual management.Section four:System construction and improvement. Discussing how to improve the protection of the right to land contractual management in land expropriation. Substantive aspects:constraining the exercise of land expropriation; expanding the scope of compensation for expropriation; scientifically quantifying the standard of compensation; broadening the range of land expropriation compensation and individually compensating ecological function of land and land contractual management right,etc. Procedure aspects:improving the land expropriation process; building contractor participation mechanisms; giving the right to land contractual management of independent legal status and establishing monitoring mechanisms of land expropriation,etc.