The Research On Distribution System Of The Collective Land Expropriation Compensation

With the rapid development of economy and the accelerating urbanization, the city land has been no longer satisfies the needs of the development of the modern economic in China. In order to ensure the economic development, and to meet the demand of the land, the rural collective land imposed behavior more and more. However, in the country, land can not only to bring certain economic benefits for the famers, but also it bear the social security function in the rural social security system which is not perfect. The land once was imposed, landless peasants’economic benefit has been infacted, what’s the more important is that the landless peasants lost the basis of the production survival. Therefore, the scope of land requisition compensation and the rationality of the compensation distribution and the rationality of the use of the compensation, all of this play an important role in the landless peasants stability. In view of this, this article from the legal angle, analysis the contradiction in the expropriation, find out the source of the conflict, and to proposed own view on the use of land requisition compensation. The article has three parts, they are as follows:Part one, the collective land expropriation compensation. This section mainly involves the theory of the collective land expropriation compensation, such as the concept, the nature and the function of the land expropriation compensation, and from the point of law to analyze the theory foundation of the use of the collective land expropriation compensation distribution.Part two, the status quo of collective land expropriation compensation distribution system. This part analyses the distribution system of the collective land expropriation compensation in the country and cities and analyzes the problems in the system, such as,the owners and the subject of the distribution is not clear, the basis on the distribution is not clear and so on.Part three, the suggestions on the collective land expropriation compensation distribution. This part is to reformed the distribution system of the collective land expropriation compensation. It is about the reform on the owners, the subject of the distribution and the basis on the distribution. The principle on distribution should stick to of fair and reasonable, equality and to guarantee Landless peasants normal basic life.In the part of the reform on the body who participate in the distribution, the paper suggest that to set up the rural community legal person, who can take part in the distribution system. And give some suggestions on the reform of the manner and the intendance of the distribution system.