Land Contracting An Independent Research Of The Compensation System

The contracted management of land is a form of land use right in our country.As the introduction of The Property Law, the contracted management of land has been characterized as usufructuary right. In practice,members or non-members of the collective economic organizations can sign land contracts with the collective economic organizations to get the contracted management of land, thus they can be entitled to their own rights of possessing, using and earning to the contracted land.In reality, the country can expropriate rural land in accordance with the law in order to meet the demands of public interest,which is endowed by the constitution and the law of public power state.After government land, the government and the rural collective economic organization can talk directly regarding the compensation standard,compensation mode, etc, since they are both parties involved in the compensation; but for the people of the contracted management of land, who does not have a status of compensation and lack participation, Their rights and interests will inevitably suffer. people of the contracted management of land should be given the independent subject qualification as soon as possible for the full participation of land expropriation compensation of negotiations,and the government is also ought to design a set of complete system according to the contracted management of land expropriation’s compensation scope, compensation standards, compensation procedures and compensation mode content and so on.This thesis is divided into four parts to discuss at total, specific content is:The first part is a brief sketch to the contracted management of land independent compensation.It defines the concept of the contracted management of land independent compensation the basis of the concept and characters of the contracted management of land, land expropriation’s connotation and legal characteristics.The second part is the theoretical foundation of the contracted management of land independent compensation,and respectively analyze the feasibility in terms of the real right theory of exclusive, usufructuary right priority theory, exclusive right to impose theory and the theory of interests balance.The third part is to review the current legislation of the contracted management of land independent compensation in our country, pointing out some outstanding problems the current of the contracted management of land acquisition existing in the independent compensation subject position’s absence, compensation benefits’ non-equivalence, loss of independent compensation standard, compensation program’s irrationality and single compensation method, etc.The fourth part put forward the corresponding perfecting suggestion in view of the contracted management of land levy compensation legislation defects of our country.