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Research On The Distribution Of Rural Collective Land Expropriation Compensation

Posted on:2017-01-25Degree:MasterType:Thesis
Country:ChinaCandidate:S J WangFull Text:PDF
GTID:2296330485489711Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Distribution of collective land expropriation compensation is closely related to the vital interest of farmers, whose land gets expropriated, impacting the harmony and stability of rural areas. However, with regard to the inefficiency of policy support on the distribution of collectice land expropriation compensation, conflicts in practice emerge endlessly and judicial handlings vary a lot from each other in different locations. The present study mainly focuses on the analyses of the general issues, legislative and judicial status in quo and the perfection of land expropriation compensation.This paper contains five parts in total.Part one is introduction which explains the studying background and significance, research background home and abroad, research method and innovation points of the study on distribution of collective land expropriation compensation. With continuous promotion of the urbanization process, a large amount of collective land in rural areas is requisitioned, resulting in the emergence of endless conflicts about collective land expropriation compensation. However, as for the research on collective land expropriation compensation, the existing theory is still not systematic enough. Besides, ranging from the distribution of collective land expropriation compensation to remedy provided to settle the conflicts, the relative systems lack coupling and further study is still in want.Part two is to examine the delimitation of collective land expropriation compensation in our country together with its distribution practice. Collective land expropriation compensation is provided by country to make up for collective ownership of land due to land requisition. Distribution of collective land expropriation compensation is to allocate collective land expropriation compensation among collective economic organizations and their members as well as others justified possessing the allocation qualification. In practice, there exist two pairs of contradiction, speaking of land expropriation compensation: the contradiction between the development of collective economic organization in rural areas and the interest of farmers whose land gets requisitioned and the contradiction between the minority and majority of people in rural areas. There are plenty of reasons leading to conflicts about distribution of land expropriation compensation: imperfect legislation, manners and customs in rural areas contradicted with legal provisions, disorder of domicile management in rural areas, and the emigration, immigration, birth and death of villagers.Part three is to analyze the legislative and judicial situation with respect to distribution of collective land expropriation compensation. First, the stipulations in relation to land expropriation compensation are dispersed to existing law, rules, regulations, provincially normalizative document of law. Legislative defects could be seen as follows: lack of specific rules with regard to land expropriation compensation at the national level; inconsistent and inferior regulations at the local level; the damage of the minority of people’s interest caused by the total manipulation of village self-governance on distribution of land expropriation compensation. Besides, there is something wrong with the court when hearing the conflicts regarding distribution of collective land expropriation compensation. The main manifestation is about the various criterions of courts from various regions in terms of the scope of accepting cases, the identification of membership and the allocation standard of collective land expropriation compensation. Besides, the disunity of certifying the violation of laws by different village conferences is also a influential factor.Part four is to discuss the allocating rules of land expropriation compensation. Firstly, the basic principles of distributing land expropriation compensation are the ones of legality, democratic decision-making and justice and equity. Secondly, Speaking of the identification of collective economic organization membership, it should be based on the household register, accompanying with the consideration of whether it uses the collective land as the minimum standard of living or not. Thirdly, in the case of the distributing principles of land expropriation compensation, law should adhere to the doctrine of flexibility rather than confinement, stipulating a rough reasonable range within which it is the village collective that determines how much to be saved and how much to be distributed.With respect to the distribution between members whose land is requisitioned and members whose is not, farmers should get compensation which amounts to the rent of soil during the rest of land contract period. Besides, the rest of the compensation should be distributed to all the collective economic organization members equally and the land ownership should be promised to be adjusted after the land contract period. Regarding the allocating standards of surplus land expropriation compensation among collective members, non-equal distribution is not justified and equal distribution should be advocated. At last, in relation to the allocating process of land expropriation compensation, the allocating plan should be firstly decided under the procedure of village self-governance and the judicial intervene which cannot replace the collective discussion result of village self-governance comes next.Part five talks about the remedy approaches of distributing land expropriation compensation. Collective economic organization members could appeal for right remedy through judicial remedy, conciliation and arbitration. Speaking of judicial remedy, it should make court’s orientation of case acceptance explicit, perfect the system of revocation right among collective economic organization members and endow court the judicial alteration right regarding the allocating plan of land expropriation compensation. In view of other remedy forms, people’s mediation system should be improved and the allocating conflicts of distributing land expropriation compensation should be brought into the arbitration scope.
Keywords/Search Tags:expropriation, distribution of land expropriation compensation, collective economic organization, membership right, village self-governance
PDF Full Text Request
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