Problems And Countermeasures Of Land Acquisition And Demolition In Yuechi County

In paper "6+3+1" more under the background of development strategy pattern, YueChi county as to modern medicine industry park, is to speed up the pace of urban and rural areas as a whole. YueChi county, land acquisition demolition work is to time node, this paper proceeds with the current policy on the requisition of YueChi county, combined with domestic and foreign related relocation policy, the requisition of existing policy and YueChi county, land expropriation compensation mode, and resettlement for the demolition plan and implementation, analysis, find out some disadvantages:one is the place in specific lack of specification on the requisition procedure; Second, the resettlement compensation work failed to follow up; Three is resettlement compensation standard can not meet the requirement of the masses; Four is the functional unit as a whole difficult, grass-roots government pressure.According to the above problems, the author through field research analysis, summarized the problems of several reasons:one is the requisition of the related legal system is not sound. There is no perfect system specification, leads to in the actual process of the requisition, the phenomenon of the execution lacks basis; Second, the relocation compensation standard set is not reasonable. Resettlement compensation if reasonable can’t meet the demand of peasants, it will increase to the requisition of work resistance; Three is the concept of deviation, power rent-seeking space is large. Land finance, land demolition work quickly in error; Four is to perform the demolition behavior, lack of constraint mechanism. If there is no constraint audit, will lead to land acquisition and demolition work chaos.Find out the cause of the problem, the author then embarks from the foreign land appropriation system, has analyzed the United States, Britain, France, Germany and South Korea five countries on the requisition of advanced experience, and tease out the YueChi county on the requisition of can draw lessons from the experience:one is the insistence on the fundamental principles of demolished and relocated on requisitioned land. In the public interest as the fundamental starting point to implement demolition work of land expropriation, is that the government should set up the basic principles of; The second is to build the requisition legal system. Can complete legislation from a higher on the effectiveness of the requisition to the government behavior norms constraints; 3 it is reasonable for resettlement compensation package. As much as possible for the requisition of interests in the process of loss side for compensation, is the embodiment of the government public power; Four is gradually formed the requisition work behavior paradigm. As a guide to the strict rule, can effectively stop the "black case work, government behavior anomie; 5 it is diversified resettlement compensation mode. More compensation mode choice, can for the benefits of the land-lost farmers to provide more comprehensive protection.By the end of the article can be drawn lessons from abroad experience, on the basis of the author puts forward several policy Suggestions:one is to perfect the legal system construction demolished and relocated on requisitioned land. Improve the existing legal system, called for specific to the requisition of the law. At the same time in the law to clear public interest for the purpose of the requisition. To strengthen the role of administrative reconsideration, stepping up efforts in supervising the judiciary; 2 it is scientific and reasonable resettlement compensation system. Resettlement compensation policy, the first thing to formulate the science reasonable when it makes policy should be comprehensive consideration of land compensation, compensation will be remnants of the enemy forces into the compensation scope, moderation improve transition fee standards. Secondly to expand social security fees applicable scope. Finally, diversified resettlement compensation policy; 3 it is to grasp the good behavior demolished and relocated on requisitioned land. First of all should adjust the government attitude, clear the government role. Second to set up the implementation of the requisition procedure paradigm, the introduction of the hearing system in the process, the participation of the judiciary will play a big role. Finally, strengthen communication and coordination between functional departments.