Research On Land Requisition Compensation And Legal System

With the continuous development of society, the continuous expansion of the size of the cities and the steady increase of public facilities, land expropriation and requisition increasingly inevitable. Rural land compensation issues become the focus of attention of the community. At present, China's Basic Law, as the constitution only provides for the expropriation of land acquisition and compensation to the lack of land compensation principle stipulates that the land management law and the relevant laws and regulations on the compensation standards for unscientific, a single way of compensation, the lack of compensation procedures relief provisions, which led to Practice lack of landless farmers in a timely manner sufficient compensation, serious harm to the interests of landless farmers.The practice shows that, it is necessary to properly resolve land compensation, either the smooth development of the country and social and public interests for the smooth realization, or the rural collective economic organizations and rural land protection of the rights of the villagers is very significant.This paper mainly on land compensation legal system, the article on China's land requisition compensation through the basic features of the system, such as the theoretical basis for analysis and also learn from other countries on the relevant land requisition compensation system, as well as on China's land requisition compensation in-depth analysis of the current situation of China's land requisition compensation system to improve recommended.Local governments in view of the reality of the abuse of land rights, harm the interests of the broad masses of farmers and there are a lot in this paper should be strictly defined by the authors in the process of land requisition public interest issues. Clear and farmland in the Constitution the principle of compensation, in the Constitution provides that "just compensation" the principle of land requisition compensation for other land compensation legislation explicitly specified in the compensation standards constitutional basis.The present "Land Management Law," identified by the land compensation standards are no longer suitable to the market economy needs. Author compensation standards must not solely rely on the standards to determine the value, we must also consider the levy of arable land was the type, quality, farmers input in land prices of agricultural products, farm to a number of factors, such as grading. Conditional region can levy region through the development of comprehensive land-way to determine compensation standards.Land compensation approach is a particularly important issue. Here, the authors put forward to a one-time monetary compensation for stage and life-long monetary compensation, monetary compensation to a single currency means including resettlement, social insurance resettlement, land use rights shares resettlement, compensation and resettlement to stay, land compensation and resettlement, and other forms bonds compound resettlement method.In addition, in the last article, the authors also discussed the need to focus on two problems. First, we must build a complete, workable land compensation procedures, Second, the legal system of compensation relief innovation. The author of perfecting the land requisition system relief present my proposals: First, the recommendations from the entire legal system on the controversial ruling on the land requisition system perfect. Secondly, the controversial decision to expand the land requisition by the scope. Again, the proposed decision to clear the front institute an administrative lawsuit procedures, unconvinced by the ruling can only institute an administrative lawsuit no longer be allowed to apply for reconsideration. Finally, the proposed creation of specialized institutions admissibility land requisition cases controversial ruling. On improving the land compensation procedures for judicial relief proposals, the author accepted by the court should change the basis, and should set up specialized agencies to specialized talents and potent binding to the judicial protection of the land requisition dispute settlement. The "Law on Real Right," the new provisions, the author should be made to strengthen the social security of relief measures should focus on improving and perfecting the social security system in rural areas, to achieve the unemployed landless peasants , the basic social security.