Study On The Legal Issues Of Land Requisition In Land Acquisition And House Demolition

Compensation with development right return as a local government policy to accelerate the economic and social development and urbanization process is an important innovation of the system,in the practice of "top-down" revealed its superior function of system.compensation with development right return not only can improve the standard of compensation for farmers,but also for the land-lost farmers share the achievements of economic development provides a good path.In Hangzhou,for example,leave the city to the compensation with development right return effect is more ideal,operation mechanism is also specification,for national level which is a reference to implement and improve the home rehabilitation mode.However,due to long-term compensation with development right return to government regulation for adjusted basis,the lack of effective support,superior laws and regulations lead to it difficult to obtain high stability and high authority,difficult to self consistent under the current legal framework,would even facing the legality of the demands,the legal environment directly influence to the compensation with development right return mode effect.Introduced by the comprehensive analysis shows that local governments at all levels for resettlement policy rules have the universality and variability of the shortcomings,not only exists in the process of settings of others,retention properties of fuzzy set,leave to get way illegal,drawing ratio and obtain the program is not a consistent problem,and still exist in the process of execution to layout,decentralized,scale effect to highlight,use strict restriction and a series of problem such as of regulatory process.Therefore,it is necessary to leave to reconstruct the law,the system through enumerating listing pattern clear the connotation and extension of public interests,introduced on the basis of the market value of fair compensation principle,strictly limiting land expropriation within the category of public interest,prevent land acquisition activity expanded.At the same time,also to strengthen the prior planning to stay up,adjust measures to local conditions to arrange to leave,to leave nature as the state-owned construction land,a clear ensure lost village collective economic organizations shall enjoy the right to use land for resettlement,farmers have land for resettlement and fall to the ground of remuneration,synchronization establishing and perfecting the land resettlement mode of right relief mechanism,from the source to ensure land property rights and developmental interests of the farmers.