Some Legal Issues Concerning The Trial Of Rural Land Compensation Allocation Disputes

The allocation disputes of rural land compensation fees are closely related with the stability of the rural and its surrounding areas. Land is the basic living guarantee of the famers. At present, the social security system in China does not cover all corners of the rural areas. Thus the allocation of compensation fees concerning land acquisition involves everyone’s interest in the collective economic organization. The law cases concerning allocation disputes of rural land compensation fees have such characteristics as involving a large number of people and facing group vulnerabilities. The improper treatment of such cases usually leads to the ineffective judicial relief of the villagers’lawful rights and interests. Under such circumstances, the disputes may deteriorate, and petition may occur. Hence, the court is under great pressure.The author of this thesis proceeds from the actual situation of his living area, carefully researches the qualification recognition of compensation receiver and membership of collective economic organization, the confirmation of distribution shares of land compensation fees, and the efficacy of the villager plenary session’s resolution. The author tries to analyze the case-filing, examination of the plaintiff and defendant, and the confirmation of cause of action in the perspective of the court. The author divides this thesis into four parts to discuss the above-mentioned questions and gives his own opinions. In the first part, the author analyzes the case-filing of the disputes concerning rural land compensation fees, provides the legal ground and reason of the court’s accepting and hearing the dispute cases, explains the cause of action on such dispute cases, and explores the examination of plaintiff and defendant. In the second part, based on judicial practice, the author analyzes the compensation receiver, gives his own opinions and the reason of explanation. Combined with actual case, the author also explains the recognition of rural collective membership. In the third part, the author analyzes the compensation receiver and beneficiary shares in the rural land compensation fees dispute cases, the rules needed to abide by, and the efficacy of resolution made by the villager plenary session. In addition, the author also explores the relations between the proper treatment of judicial power and the villager autonomy. In the fourth part, the author analyzes the foundation of comprehensive regulatory mechanism concerning the allocation of rural land compensation fees. The author thinks the land use right should be independent and compensated independently. The judicial intervention should be strengthened in the compensation disputes. To explore a harmonious allocation way on land compensation fees, we should guide the rural collective economic organization to make up correct and lawful allocation plan, and establish civil mediation mechanism.