On Collective-owned Land Exploration And Compensation For Demolition Of Housing In Reconstruction Of The Village

With the rapid advance of China’s economic development and urbanization,construction land requisition for increasing. Among them, the rural collective-ownedland and housing demolition problem are increasingly attracted widespread concern inthe whole society.The legislation progress of the relevant to housing demolition andcompensation for collective-owned land expropriation in urban villages are moreattracted much attention.About compensation for collective-owned expropriation iscurrently the main basis in accordance with “the Land Management Law" and"Regulations for the Implementation of Land Management”, because of compensationfor expropriation against the farmers’ legitimate rights events mostly occured in thecollective-owned land in practice.Therefore, the villages of collective-owned landexpropriation and housing compensation according to the law, the compensationstandards and relocation problems is of great significance for farmers. Inaddition to the introduction and conclusion part, this article mainly from the followingseveral aspects in the paper. First, this part introduced the collective-owned landexploration and compensation for demolition of housing in reconstruction of thevillages of the legal basis, the collection and compensation of the settlementprocedures and compensation model, while in case of wu han city villagereconstruction and analyzed the reconstruction status of wu han and takelegal compensation basis and policy. Second,this part put forward reconstruction ofthe village in the collective land expropriation and house compensation has legislativeand practical problem. Legislative problem mainly contain low compensationstandards of land exploration and compensation for housing, land expropriationcompensation of procedures is not reasonable. Practice is mainly that take the singlemethod of housing relocation and compensation mode. Third, through comparativeanalysis of the villages around the collective land expropriation and demolitioncompensation policy and individual compensating measures,we should take separateland and housing compensation mode. The fourth, this paper by introducing theforeign principle of compensation for land expropriation, compensation standards and scope of compensation, the autor proposed our country should be cleariedcollective-owned land expropriation and compensation principle in the constitution.Finally,according to collective-owned land exploration and compensation fordemolition of housing problem in the villeges,the autor put forward the improvementSuggestions.That the government must correct positioning of their roles at frist, nottoo much to participate in the compensation process; to construct reasonablecompensation mechanism; to improve thecompensation relief mechanism; strengthensupervision mechanisms for compensation.The autor also think that we shouldenhance the compensation standard of the land expropriation and housingcompensation, improve the land acquisition and relocation compensation proceduresand clearly define the public interest in the future legislation.