The Judicial Dilemma And Solutions To Hear The Case Of Distribution Of Land Compensatory Payment

Our country is a large agricultural country. In recent years, the problems of rural, agriculture and farmers have always been concerning all of us. With the fast development of urbanization, lots of rural land is expropriated and thus a series of distribution contradiction of compensatory payment arises. As is known, the rural land is owned by state or rural collective organization in our country. Farmers only have rights to contract for management. Therefore, the farmers’ individual land compensatory payment will be distributed by the village collective economic organizations again. However, the vague and indefinite current legal provisions may result in the various judgments on the similar cases. This kind of different results will not only be questioned by the public and the other related departments but also have an effect on hearing such similar case in the future. The interested parties of the case can not accept the judgment better and then the judicial credibility and authority will be weakened at last. So we must take many effective measures to solve such disputes properly, protect farmers’ rights and interests as well as maintain social stability.The thesis is aimed at discussing and analyzing such cases in Lanzhou new district,identifying the judicial dilemma and then coming up with the solving measures based on the current legal articles. The duality of expropriation payment will also be mentioned in the thesis to help solve such cases effectively and equally.