On The Distribution Of Compensation For Land Expropriation Of Rural Areas

Turn collective land into constructive land becomes the popularity. More and more disputes of ruralcollective land expropriation compensation distribution appear recently. The relationship between rights offarmer collective and its members is not so clear that it has became the root of disputes between farmercollective and its members. The main problems of rural collective land expropriation compensationdistribution are as follows: the distribution of target and benefit main body is not clear; allocation differentfrom each other, the member that collective economy organizes the difficulty big; allocation procedures areinformal, the village rules twist the identification of the member of collective economy organizes and forcompensation distribution.Due to the existence of the above problems, China’s rural collective land expropriation compensationdistribution system needs to be further perfected. In the" property law" has confirmed that rural landcontains the collective ownership and management right of the contracting of land property rights in thecontext of two, should abandon" unified" compensation system, confirmation of collective land ownershipand management right of the contracting of two rights and expropriation compensation levy respectively,will land compensation is divided into the ownership of collective land and right to contract formanagement of land compensation, were paid to the rural collective economic organizations and farmers, isthe implementation of rural land expropriation compensation system of "the two element".The article is divided into four parts. The first part deals with our country the right to use constructionland supply and demand situation, discussed the basic theory of the compensation that ask for the ground,land expropriation compensation distribution from the important significance, the principles and shouldfollow the allocation program, involving compensation distribution supervision and relief; the second partpaper is that China’s current land expropriation compensation distribution system, analyzing the mainproblems of land compensation distribution; the third parts of the paper deals with the necessity ofperfecting collective land expropriation compensation distribution system from the legal foundation andsocial significance aspects; the fourth part of the article is on the perfecting of the rural collective landexpropriation compensation distribution system, collective land requisition compensation object includesnot only the collective ownership of land, also includes land contracting management right, so that we need to compensate the collective ownership of land and the land contract and management rights,compensation object needs to be clear, compensation allocation needs open procedure and the participationof the public, due to this,the disputes of compensation distribution should be divided into two categories:contractual operation right of land compensation allocation disputes should be solved through civil actionand administrative proceedings, land ownership disputes of compensation allocation should be solved byvillagers’ autonomy rules and ADR.