On Legal Issues Of "Village In City"Reform

It’s a general problem during the high-speed urbanization process in China—"village in city", many governments, research institutes and experts had done researches on both "village in city" and the reform. It’s not easy to change,the reform will not only face the ownership changing of the collective land, the reforming of the administrative management system, but also will face the problem such as the benefit competition among different main bodies and rights protection of land-farmers and so on. Due to the lack of laws and policies, the reform is in a slow situation.The paper starts from the current situation of the "village in city", regarding the final target is to implement the reform, meeting the public demand, eliminating two kinds of administrative management system in city development, and finally giving impetus to the process of urbanization, it also analyses the benefit problems from the angel of government, villagers and developers, disposing of the benefit coordination, land transform and villagers protecting.First, it discuss the benefit coordination in the "village in city" reform, basically from three main bodies’ benefit:the government hopes to enlarge the urban development space without the capacity to afford the fond and time cost, the developers chase after maximizing the benefits, from the villagers’ angel, it also exists difficult on the benefit coordination before and after the reform. All the conflicts make the benefit coordination very important, only to form benefit coordination system can cross the barrier of benefit division and the reform process.Second, it solves the land problem, these paper analyses two aspects of land using:the present unreasonable law system and the land confiscation model. Aiming at the problems, it suggest that the model of changing the collective land to state-owned can make a consistently use of land, and the method of implementing the land arrangement can use the land unification and embody the market value.Last, the paper discusses the legal problem concerning "village in city" security system which affects the reform results. Analyzing the general pattern to point out the main problems in security system, it proceeds with the content and thoughts included, establishing a unification security system to let the villagers enjoy urban people’s common social security.