Case Analysis On Allocation Disputes Of Compensation For Contracted Land Expropriation

Recent years, along with the development of China’s urbanization, there’s an increasing demand for land, thus land resources are increasingly strained, a large number of contracted land is expropriated and requisitioned. Farmers who lost their land must rely on the land requisition compensation for their livelihoods or investing in new industries. Yet the present situation in cost allocation of contracted land compensation is dominated by the village collective economic organizations thus it’s a secondary allocation, which results in frequent conflicts and disputes in the allocation, thus will undoubtedly constitute a threat to the stability and development of the society. This paper presents the main dispute in the allocation of contracted land compensation via introducing two typical cases, then analyses the status and deficiencies of the current legal practice on such disputes, and finally puts forward some personal opinions, with the purpose to make recommendations for solving compensation allocation disputes, to protect the legitimate rights and interests of landless farmers and to maintain rural social stability and order.This paper can be divided into three parts. The first part is the introduction and analysis of typical cases. This part introduces the origin, process and the verdict of the cases, and summarizes the controversial focus of the cases, then puts forward the existing problems in current contracted land compensation’s cost allocation. The second part is the status quo of our land expropriation compensation fee allocation dispute. This part firstly focuses on the analysis of the Current legislation of rural land expropriation compensation system in China, then summarizes the types of the disputes over contracted land acquisition compensation distribution, and finally sums up the causes of China’s land expropriation compensation distribution disputes. The third part is the analysis of related issues and case law. This part summarizes the ideas and methods of the existing practice in resolving the contracted land expropriation compensation fee allocation of dispute, and a detailed analysis of the problems and deficiencies. The fourth part presents recommendations for the allocation disputes in contracted land expropriation compensation. This part combines with the cases closely, firstly raises rational solutions against the case judgment, then extends some long-term and rational solving suggestions for this sort of disputes.