Retain The Use Of The Legal Issues Of Research

Retention to the rural collective economic organization is a government imposed after the land, in order to put the livelihood of farmers, according to the actual collection of a certain proportion of the total area (usually10%to15%) arranged to be land of rural collective economic organizations to develop the production of construction land. Compared with several other traditional resettlement way, continue to put more to maintain property ownership, right to survival and development of the farmers, it is used as a monetary settlement auxiliary means of compensation, give full consideration to the employment and social security of land-lost farmers, and the living environment and so on. However, our country to retain, use, transfer, and the properties of conditions are not clear legal provisions, only through the provincial municipal government on its own formulate normative documents. Due to various places have different practices, local provisions conflict with the law, leading to retain land use and income lost legal safeguard, therefore to the retention of legal protection is imminent.Based on the constitution, the land administration law and relevant law and property law theory, on the basis of literature reading, the data collection, in combination with social investigation and study, to retain at the system level and practical operational problems are discussed, and the corresponding legal countermeasures are put forward.Paper is made up of four parts. The first chapter retention to the definition, nature, use way. The second chapter analyzes the retention at the system level and in which legal problems encountered in the practice operation. Aiming at the existing problem of retention to the third chapter puts forward the legislative Suggestions for improvement. The fourth chapter in the retention is constructed to form a complete set of supporting system, to ensure the retention to get the use of legal, standardized and orderly.