The Contracted Management Of Land Compensation Of Independent Research

“Food is the paramount necessity of the people, grain is the foundation of thepeople”. The land is not renewable natural resource, it is extremely important realestate, both resource attribute and assets attributes, is human beings rely on to theestablishment and development of the foundation and prerequisite. Agriculture is thebasis of our national economy, farmers accounts for most of the population in ourcountry, the land is still the most important property of farmers, is a farmer’s"lifeblood". As is known to all, China is a vast land, is known for her massive land,abundant, but our country population and cultivated land per capita, reserve cultivatedland resources are very limited. Due to the continuous population growth andcontinuous decrease of the cultivated land, with the deepening of the reform of themarket system, large scale urban expansion and rapid industrialization, a lot ofpeasants collective all land is used for non-agricultural construction land. Therefore,between purpose and industrialization, urbanization consequential, the collection andfarmland of the farmers produce is real need and economic development, theinevitable result of the city expansion.Existing in the system of land expropriation of land in the practice of the defectand its disadvantages, and lead to many of the regulation of the farmers’ rights in landexpropriation behavior damage happened continually, cause of the farmers strongdissatisfaction, cause of farmers to appeal, sharpened conflicts between cadres,damage the image of the government, in the long run against economic socialharmony and stability and healthy development. In recent years, due to the landrequisition system reform lags behind, and the large number of land-lost farmers、landexpropriation compensation is low and so on, especially because of resettlementland-lost farmers path does not wide, landless farmers again obtain employmentability is poor, and a lack of basic social security problems have been not effectively solved, cause some landless farmers become farming with no land, no job, socialsecurity without the wealthy disadvantaged groups, in some places, because can’teven to correctly handle the economy development and the land expropriation, andset and the relationship between land-lost farmers produce group incidents, makelandless farmers problems become affects the national economic development andsocial harmony and stability of the important factors, become the focus of the societyfrom all walks of life, become agriculture, rural areas and farmers work difficultproblem. The land expropriation involving state, the units, the farmer collectiveeconomic organizations and farmers more than personal interests of the main body ofrights, reflect the land rights of the subject in different between division andtransformation. The land expropriation is any country in time for public welfareproject to acquire land security necessary a administrative behavior, our country is noexception. In the process, must correctly handle the relationship of interests betweenthe subjects of the right, the land requisitioned not because not standard expropriationbehavior by too much influence and loss.Although the government land expropriation behavior is a kind of administrativeact, is adjusted mainly by the administrative law, but any law are not betweenisolation, but cross each other and penetration, some administrative law by all theinfluence on the theory of civil law or support. Civil law especially the real right legaltheory continues to mature and the continuous improvement of the legal system, forthe contracted management of land on not only provides a strong theoretical support,and also offers a full system guarantee. After the "property law" promulgated, to thecontracted management of land shall be acquisition for both theoretical and practicalneed to. In theory, the collection of land ownership can’t eliminate already exist onland as an independent of usufructuary rights to the contracted management of land;in practice, such as do not impose compensation to the contracted management ofland, landless farmers economic situation of the same collective economy than othermembers of the organization of significant deterioration. In the current landexpropriation system, the rights and interests of the land-losing farmers is not geteffective maintenance, therefore shall confirm the contracted management of land forindependent collection object. Land expropriation power, as a kind of right, in the private land contract right and responsibility when the collision, obviously the privaterights in a vulnerable position. How to limit and regulate land expropriation power,protect the contracted management of land from its impact, and protect the interestsof farmers’ groups, has become an urgent need to address the real problem.This article mainly from the contracted management of rural land system thisangle, from the contracted management of land is independent of the usufructuaryrights, the contracted management of land is the object of land expropriation, the ruralland to the collection of legal structure and the contracted management of landcirculation case on the compensation object four aspects to analysis, in view of thecurrent our country land contracted management compensation system ofindependent existing in individual farmers are not get respect, the compensationstandard collection is low and land contract right person interest damaged, using themethod of comparison, normative analysis method, multi-discipline research methodand theory combined with practical way, analysis the cause of the problem of thecontracted management of land compensation for independent, and based on theforeign advanced experience of and of the practice of China, put forward strictfarmland collection conditions, set up reasonable land expropriation compensationstandard, establish the land expropriation dispute arbitration system, build themultiple land expropriation compensation mode, to speed up the way for farmlandcollection methods and so on the measures of the perfect contracted management ofland compensation system of independent.