Study Of The Distribution Of Rural Land Compensation Fees

The Constitution amended in2004, defines that the government should offer a compensation for farmers in expropriating of farmers’ collective land. The Article42and Article132of Property Law in force on October1,2007, further provide that if a contracted land is expropriated, farmers with the right to land contractual right should receive an appropriate compensation. But, with the social development, the distribution disputes of land compensation fee of expropriated land in rural, increase significantly. The main controversy is that those villagers refuses to accept the distribution solution of the land compensation fee by the collective organization, claiming the same standard of distribution of rights and interests with other villagers that is higher than that of them. In the recent years, more and more cases about the distribution disputes of land compensation fee were taken to court. After the court accepted the case, divergence about how to deal with issues on the beneficiary subject of land was obvious, leading different judgments. Considering the closely relation with the vital interests of farmers on the distribution of land compensation fees and a wide range of serious impact on social stability in rural areas, how to solve such problems is becoming a top priority. The paper conducts to study on causes and features of the disputes of rural land compensation, the identifying of membership qualification of the collective economic organizations, determination and effectiveness of the compensation distribution plan for rural land, and effectiveness of village bylaws and pacts in distribution of land compensation fees and so on.This paper is divided into four parts:Part Ⅰ:the distribution of rural land compensation fees. In this part, the author discusses causes, concepts and characteristics of rural land compensation fees, the status quo of China’s rural land compensation fee, and the formation and characteristics of the related disputes.Part Ⅱ:the subject of rural land compensation fees. The author, in this section, discusses in detail the standards of the membership of the rural collective economic organizations, the main qualification of beneficiary of the repayment of rural land compensation fees.Part III:The determination of distribution scheme of rural land compensation fees. In this section, the author discusses the determination process and principles of rural land distribution plan of compensation and relief of the rights of a member of the collective economic organizations.Part IV:the effectiveness of villager bylaws and pacts in distribution of rural land compensation fee. The author, in this section, discusses the effectiveness of the villager bylaws and pacts and the positive interaction between the villager bylaws and pacts with state laws...