Research On The Assignment Of Collective Land Acquisition Compensation Fee

With the acceleration of urbanization process in China, the development of the urban land has reached saturation, the land surrounding suburbs has become the main target of land expropriation. A direct result of the peasant masses of this change was about to lose the basic living allowance, which would lead to disputes relate to the allocation of rural collective land acquisition compensation fee only to rise. Therefore, this article from the case, analyzes problems which the distribution of rural collective land acquisition compensation fee exists, and put forward a sound countermeasures. This article includes the following sections:Part ?:the overview of collective land acquisition compensation fee allocation. This paper defines the collective land, the concept of land acquisition, land compensation and its distribution. Then the theoretical basis for collective land acquisition compensation fee allocation, that is a brief analysis of the right of the rural collective economic organization members.Part II:the analysis of collective land acquisition compensation fee allocation:the existing disputes as the object.This part is that collective land acquisition compensation fee allocation disputes is perspective of the issues of collective land acquisition compensation fee allocation process. First,the pat introduces the background of the collective land acquisition compensation fee allocation disputes and thinks that the change and the conflict of socio-economic interests of the rural community are the backgrounds of land compensation fee allocation disputes. And then combining with judicial cases, it describes the main types of disputes allocation existing in practice, including the disputes of the distribution of benefits subject qualification, disputes and determine the apportionment standard allocation method to determine the dispute, and that the disputes of distribution of benefits subject qualification are the most common.Part III:the cases of collective land acquisition compensation fee allocation problem. This paper argues that the main reason of the problems of collective land acquisition compensation fee allocation is the imperfect legislation. Therefore, this article from the main legislative entity legislative and procedural reasons of collective land acquisition compensation fee allocation problems described two aspects. Entity legislation is imperfect mainly for land compensation allocation and assignment management body is not clear; the legislative process is imperfect mainly allocated imperfect democratic decision-making process and the distribution of aid programs for land compensation.Part IV:construction and improvement of collective land acquisition compensation fee distribution system. This part is main to build and improve the collective land acquisition compensation fee distribution system from the three entities, procedures and supporting systems. Physical aspects, one clear collective land acquisition compensation fee allocation for the management of the main groups of villagers and the village committee; the second is to improve the rural collective economic organization members accreditation standards legislation, mainly involving the general standard of qualification, acquisition, loss, and "outside married ", " the son-qualification into the " special groups identified. Procedures, first, improving the collective land compensation fee allocation democratic decision-making process; secondly, improving the land compensation fee distribution of relief programs, such as the establishment of farmer members of the derived class action regime, representative action system and pluralistic dispute settlement mechanism. Due to the special nature of rural society, litigation relief has been unable to fully resolve such disputes. Therefore, the introduction of negotiation, mediation, arbitration relief channels becomes necessary. Supporting systems, it is mainly to establish a monitoring system and accountability system of collective land acquisition compensation fee allocation process, thereby ensuring that the land compensation fee allocation due process.