A Research Of Law Concerning The Land Ownership Change In "Villages In City"

In recent years, with the accelerated process of urbanization, the city scope expanded, the original villages have now become the city part, which is called"villages in city". Compared with ordinary urban communities, the main difference of the"villages in city"is the different land ownership. In the Chinese law, urban land belongs to all countries, and the land in the villages belongs to the village's collective organization. In the"village in city", the agricultural land became into urban land. During the urbanization, the government can expropriate the farmland, but the site of house in the village should return to the farmers. So the site of the house in the village belongs to the village collective organization. At that time, the farmer has no farmland, they lose the income sources. In order to survive, the farmers begin to build house in the site of house, then they can acquire a lot of rent.Under such circumstances, the process of government land acquisition in the"village in city"transformation occurred with a conflict of interest between land expropriation and compensation, land lost and re-employment, pension and security, economic development. The cause of these conflicts of interest for many reasons, the state system is fundamental. In order to reform the existing mechanism, a reasonable mechanism for land compensation to improve the farmers'living level is needed. Maybe it is the possible measure to solve these problems.This article states from the root cause of"village of city", the land ownership to solve the problem. The most important is to make available to meet with the demand of farmers'living. Giving more benefit to make the farmer give up the rent, then they can give up the action of nonconforming building. I tried to state from eight areas to analysis the transformation process, the government and villagers'conflict of interest issues.