The Contracted Management Of Rural Land Compensation Research Independently

Land is an important natural resource of our country and the foundation for the of the peasants.Therefore,when the state expropriates land for public interest,it should compensate the land-lost farmers with the land value.Involving the two rights on land levy,including the rural land ownership and right to the contracted management of rural land,according to the existing of right to the contracted management of land compensation scope is on the ownership of land,often ignore the right to the contracted management of land compensation.The compensation standard is too low to harm farmers' interests.Therefore,it is very important to determine the independent compensation system.Based on the protection of farmers' interests,this paper analyzes the necessity of independent compensation for land contract management.This paper were discussed from four aspects: first,in the current law of our country made a brief analysis about the merger of land expropriation compensation system,through the analysis of legislation,is now in our country land expropriation compensation phantom exists right subject,compensation standard is too low,the compensation scope is difficult to make up for the farmers to a series of problems such as the loss;Secondly,the paper expounds the basis of independent right to the contracted management of land compensation,right to the contracted management of land usufructuary right,has the property of real right which is the theoretical basis of the independent compensation at the same time as an independent usufructuary right different from ownership exist alone,so he shall make compensation for the right to the contracted management of land alone;Again,local legislation on the practice of the right to the contracted management of land compensation,through the analysis of parts of a typical compensation system,compare and analysis of intercommunity rules and characteristics of local legislation.Finally,on the construction of independent right to the contracted management of land compensation system,the author combined with Taiwan on the regulation of land compensation system,put forward the principle of difference compensation under the specific compensation standard,and give people the right to the contracted management of land compensation program independently.In the future,it is suggested that the compensation for land contract rights should be independently compensated for the use of usufructuary rights and be established by the state in the form of legislation.Depends on the current legislation in the argument,thewriter USES the methods of empirical analysis,inductive analysis,comparative analysis,the analysis of the local legislation practice of compensation,compared to the local typical legislation,according to the problems existed in practice,based on the protect the interests of farmers and put forward about the compensation principles,compensation standards,compensation procedures Suggestions to build independent compensation system.It is of great practical significance and theoretical value to make this paper in the period of continuous increase of land demand in our country.