Research On Legal Problems Of Rural Land Expropriation

Along with the speeding of development and urbanization progress of economy, agreat deal of the village land have been collected. Collect process in the land in, becauseof lacking perfect law system guarantee, appeared the circumstance of violating thefarmer benefits. Cause the concern of the social mightiness in recent years of malignantdismantle to move affairs, a lot of all occurrence in the village in the collectiveland(include the house base of farmer).The place that inside in the city can dismantlehas already dismantled about, some places turn but open bulldozer into village andcollect, dismantle to move "lord battlefield" transfers to the village, farmland andagriculture building become drive forager, strong dismantle of leading role. Thedefinition of public benefits is misty, the government directly participate in land bargainand caused the not reasonable inflation of public power; The land impositioncompensates standard low, benefits allotment and compensate way of not reasonablecause the farmer can not get should of repair; Relieve a mechanism disfunctional causethe farmer "have no place and redress an injustice".Therefore, the farmer needs the lawlaws as its on the side more urgently, norm village land’s collecting has been urgent. Forthis, the research draws up imposition in the village land to compensate related law laws,maintenance and guarantee farmer legal rights meaning important.《Last house imposition in the state owned land and repair regulation》 of thenew emendation already at the beginning of the year set, rise positive effect in stateowned land imposition in the city and the in expiation of process. But, the impositionand repair of village collective land, still follow to use the related rules that the landmanages a method, not only not enough thin turn, and the hard orientation appears inrecent years of new circumstance, new problem, so, the village collective landimposition needs a specialized laws to give norm.This text passes to study the present condition that the village land collects a lawproblem and acquire to research realm and research method of whole theory researchwhat time related apocalypse, the writer thinks worth method educational circlesconcern. In addition to summary and the above-mentioned contents that prefaceelaborates, this text subjective namely chapter1go to chapter4and totally is dividedinto four parts to collect law problem to give a specialized research on the village land.Chapter1:Main treatise village the land collect of related concept and condition;Chapter2:Particularly study and discuss our country the village land collect an institutional change and include reform before opening the beginning create period andstagnation period and party of11three medium plenary meeting after, of《constitution》 and 《land management method》 set and establishment; Chapter3:Particularly discuss a current village land to collect an existent law problem, include apublic benefits definition not clear in meaning, the land remit money declare illegally,village the collectively landholding power isn’t complete, the village land compensatenot reasonable etc.; Chapter4:Is two from the system, lawmaking emphasize toelaborate that the village land collects law system of perfect. Put forward and reformimposition system in the village land at last one part this text, the formation unifies withcity of land collect system, each lawmaking of further perfect imposition in the villageland.The land problem relation farmer slices a body benefits, is the core of "threeagriculture problems", the land collects process in the problem existed should get a highvalue.