Rural Land Requisition Compensation And Farmers Rights Protection

Farmland requisition,which use the power of government for the interest of public benefits in the country,is distinct from the land purchase. The main discussion of this paper is farmland requisition. The compensation of land procurement is the general problem in the urbanization development process. Being living, there has been one suit of ageing way of work in the developed country. The last revision of our country 《Constitution》Stipulation:"The country is for the sake of the public benefit necessaries,May according to the statue stipulation adjust the farmland and puts into practice to requisition maybe confiscating,Moreover compensate."This is living to go up to farmland requisition in the interest of the reformation simply, and the foundation of system supplied. The currently effect system of land requisition comes into being in the planned economy years,of which the fundamental feature is that the administration is compiled. After the establishment of market economy system,jurisdiction and limitation to the administration of farmland requisition were placed restrictions on,Causing land requisition heads for a fresh locus. Firstly, the contradiction of farmland requisition is the reflection and result of suit to the market economic system. "It is hard to farmland requisition","Flood to farmland requisition"which is always a heat point problem projecting in the farmland requisition compensation.《Chinese Communist Party Central Committee improves on resolution of several problems in Socialism market economy system》pointing out we have to "Improve the countryside farmland system …… In accordance to the guarantee of peasantry's rights and interests, the rule of farmland requisition scale in the control,the reformation of farmland requisition system,the consummation of farmland requisition procedure. Rigorously enforce , public welfare and the management building is fixed in the way of the earth in the limit,Soil use overall planning have to be accorded with when taking over land,Without delay offer the rightful compensation of peasantry." Secondly,causing peasantry be living loses soil ownership afterwards still to guaranteed such right of existence and development authority ,they are the steady necessaries of market economy development and community. Analyses the system arrangement that the government take over land the compensation, along with implementation effect,probing adjust the valid method that the rightful compensation of lost territory peasantry reached to fix up the livelihood below the fresh condition. Be favor of establishing as quickly as possible and consummate lost territory peasantry's benefit guarantee mechanism. Some spaces are living to take over land to compensate in the practice,compensation to peasantry in lost territory against arranges for the problem is probed out gradually some effectual means. In case soil foundation,currency compensation,the money to pay becomes a shareholder,social insurance awaits,system research penetrate into these shapes,especially adjust at the moment the concrete essentialism composition, transport acting as the means,the action twist hempen thread is followed the example of,the intrinsic relationship of system environment along with these elements is researched,the system is summed up to take over land the compensation experience lesson. Altitude that moves upward up theory,may farmland requisition in the interest of in the days to come and to peasantry in lost territory to compensate supply reference and reference. The original is probed into improving the soil and is administered statue system and the enlargement community guarantee dynamics by means of the stress,actual problem that with the soil the trading guarantee awaited,unite the guarantee to the peasantry soil rights and interests,propose the correlation policy proposal. Thirdly, the peasantry soil rights and interests are the perpetual topics of a conversation of Chinese countryside. Premier Wen is living 2003 the beginning of the year middle particularly emphasizes in the working conf...