Study On The System Of Resettlement In China

Land requisitioning is an important compensation method for land requisition compensation.This model has institutional advantages over traditional resettlement compensation methods.However,because the system does not have a clear legal position,there is a certain lack of construction of the system.At present,22 provinces in China have implemented the resettlement system for retained land.According to their own actual conditions,the regions have different operations and operations on the resettlement system for retained land.However,because there is no unified and clear legislation,there are still disputes over the tenure of ownership,use of rights,and power of disposition.As we all know,land is the basic and foundation of farmers' production and life.As a means of production,the topic of land itself is also the most likely to cause contradictions.Therefore,the proper application of the resettlement system for land reservation is an effective way to alleviate this contradiction.The construction of the resettlement system for the land requisition is aimed at ensuring the long-term livelihood of the land-expropriated farmers,promoting the employment of the farmers,and strengthening the collective economy.Therefore,this paper By analyzing some of the representative local legislations to analyze the current absence of the resettlement system at the current stage,in order to protect the peasants' tangible interests and promote the revitalization of the village,the factors and basis that should be taken into consideration in the establishment of the system are provided.The resettlement system for retained land is related to the rights and interests of landless peasants,and it also plays an important role in the implementation of the strategy for rural revitalization.This paper proposes to grant the clear legal status of the resettlement system in the future national legislation as an important part of the expropriation compensation system.This paper analyzes the problems of the ownership of retained land ownership,the issue of the use of power,and the issue of powers of retained land,and analyzes the problems of its system by introducing various local legislation samples,and puts forward specific legislative proposals.First of all,from the perspective of local practice,there are two types of retained land property rights in the resettlement policies for land reservation: First,after the land used for expropriation is converted to state-owned land,part of the land is allocated from the area as a rural collective economy subject to land acquisition.The organization retains land;one is to retain rural collective non-agricultural construction land,and does not change the property rights,and still collectively develops and manages the land collectively by the land-expropriated peasants.The author proposes that ownership of the retained land should be clearly owned by the state,and the corresponding supporting mechanisms should be improved.The retained land should give the village collective full use rights within the legal scope so that the property rights of the landless farmer can be greatly guaranteed and the development of the peasant collective economic organization can be promoted.Secondly,the right to use the retained land enjoyed by a collective economic organization should be relaxed.Taking into account the value of the retained land in commercial development,the use of its power can be used not only in the traditional way.Finally,with respect to the retention of land,the current practice in various places mainly follows the relevant provisions of the “Property Law” and the “Land Management Law.” Rural collective land is strictly prohibited from directly entering the land market,and mortgage rights are also subject to corresponding restrictions.The author believes that in order to better protect farmers' collectives and farmers' land property rights,establish a good order for land management,and expand the collective economy,we should relax the restrictions on the power to dispose of the land,and adopt a loose market access mechanism for the transfer of land to the collective economy.Organize more disciplinary powers.