Distribution And Use Of Rural Land Expropriation Compensation Legal Issues

As the finiteness and industrialization of the urban land resources and the accelerating urbanization, a large amount of rural collectives land has been expropriated and used. Moreover the disputes caused from that are constant, therefore, the distributed and used of land compensatory between the village collective and collective members are the key to all the problems concerned.By now, many domestic scholars have done a great deal of research on the legal system of rural land expropriation and compensation, and lots of excellent theses also do the same research. However, these studies are all limited to the macroscopic economic theory. Si-bao Shen, the famous jurists,usually says "the essence of law is practice". So I do the research on the legal issues related to the distributed and used of compensation for rural land expropriation taking the development zones of Jincheng city, Shanxi province as a example, combining the law theory and social practice, based on the discussion and data analysis methods, and put forward legal countermeasures.The text is divided into four parts, totaling more than a thousand words.First part:Fully discusses the overview about the distributed and used of land compensatory for the surveyed villages. Firstly, the total areas and the situation of cultivated and expropriated land are illustrated based on the accurate data. Then, the legal issues encountered during the land expropriation in Jincheng city are elaborated. Last, the situations on the distributed and used of land compensatory for each community are illustrated in table format.Second part:Talk about the problems that exist in the distributed and used of land compensatory. These problems can be summarized in three cases (through the discussions with head of five community under the jurisdiction of ETDZAC), firstly, the problems about the all or partly compensation are used by collectives; secondly, the problems exist in the concept definition of land-lost farmers; thirdly, the problems exist in the determination of the assigned members qualifications. Furthermore, the above problems are discussed in some detail.Third part:this part is the legal analysis to the distributed and used of land compensatory. The root causes of the problems are proposed through the legal analysis to the problems referred in the second part. The unclear concept definition of collective members, lack of recognition of land compensatory and the legal loopholes exist in the collective ownership and used of land compensatory are all discussed used relevant laws.Forth part:the counterpane of perfecting system for the distributed and used of rural land expropriation and compensation is proposed. In detail the perfecting counterpane will be proposed in three areas:perfecting the compensation mechanism of land contracted rights, creating the distributed system in the "household register and working age" model and establishing the debatable coordination and adjudication mechanism for distributed of land compensatory.