Administrative Law, Rural Collective Economic Organizations Of Land Compensation Disputes

For building a well-off society in an all round way, the strategic plan of urbanization pace with the Chinese characteristics is proposed explicitly by the CPC 17th National Congress. With the unceasing development of the urbanization construction pace, the agricultural land is taken over massively, and transformed into cities land. The urbanization construction promoted the urban and rural economy developing harmoniously. But China is still at the exploration stage for Chinese characteristic urbanization pace; the related regulations for rural land taking and its compensation are imperfect. The situation in which the distribution right of the land-taken farmers are limited or eliminated is occurred even and again. The compensation and distribution disputes rose from taking the collective land are increasing simultaneously.There are various reasons leading to the occurrence of the compensational disputes of the rural collective economic organization land-levying. The main reasons are as follows: the related legislation is lagged behind; the enforcement of law has no explicit standard, etc. In addition, because of the system barriers of judicature, the processing of such disputes is in predicament at present. To have a more thorough understanding of such disputes, through concrete analysis of typical cases, this thesis attaches great importance to the problems and system obstacles of the compensation disputes of China's rural collective economic organization land-levying in the judicial practice from the administrative perspective, and proposes countermeasures, so as to provide some references and suggestions for the better processing of such disputes.The main predicament and systematic obstacles in processing compensational disputes of the rural collective economic organization land-levying are: Judicial remedy lacks clear legal evidence, deficiency in villager's self-government system results in some judicial obstacle, the related regulations for rural land taking and its compensation are imperfect.Considering the legal and practical obstacles when the court accept cases of settling compensational disputes of the rural collective economic organization land-levying and regard them as civil law cases, the writer thinks that they should apply administrative procedure has legal and practical necessity and possibility. Besides, when the court meet some problems such as regulations of village in reviewing cases, they should strictly examine self-confirming evidence of village committee, restrict village committee rights on dealing with substantive rights. Meanwhile, the government should improve the compensation and distribution system of rural land taking and decrease such disputes from the root. It's the fundamental policy.