An Analysis Of The Legal Problems Of "changing Village To Urban Community" In The Background Of Urbanization

In the background of accelerating the development of new-type urbanization in our country,“ Village to Urban Community” has become one of the main ways to realize urbanization.The reform is essentially completed under the thrust of political,economic,and social forces.It involves a series of issues such as land reform,collective asset restructuring,citizenization of farmers,and the transformation of grassroots self-governing organizations.It concerns the benefits of the government,village collectives,individual farmers and other parties.“ Village to Urban Community” has broken the rural social structure of the original village,changed the original mode of production,life style,and self-government of the peasants.There must be contradictions and conflicts in the “Village to Urban Community”.Because of the lack of institution and procedure,there have been a lot of problems in the process of “Village to Urban Community”.This paper mainly analyzes the legal problems existing in the process of “ Village to Urban Community” in the transformation of villages in Donggang District,and tries to solve the existing legal problems from the root of the institution.This paper will discuss the theme following the logic of “ theoretical analysiscurrent analysis-problem analysis-Countermeasures Analysis”,and mainly includes the following five parts:The first chapter mainly introduces the research background,the research value of this topic,the brief introduction of the research methods of this paper,reviews the existing literature and points out the innovation in research perspective,research methods and deficiencies.The second chapter mainly analyzes the “Village to Urban Community”,including the definition and comparison of related concepts,and the legal framework.The third chapter analyzes the present situation of the “Village to Urban Community” and introduces the practical background,achievements and typical patterns of the “Village to Urban Community” in China to understand the overall situation.Then this chapter introducesthe basic situation of Donggang District in Rizhao City including the progress,relevant laws and regulations and government regulatory documents to clarify the economic and policy background of the “Village to Urban Community” in Donggang District.The fourth chapter is to analyze the existing legal issues of “ Village to Urban Community”.In accordance with the basic principle of “ first reform,then reorganization,and later change of residence” defined by the Donggang District government,this part will analyze the issue of land,cllective assets and grassroots self-government arising from the reform of villages in city.The first is the land issue which involves two aspects: the the legality of collective land reform as state-owned land compensation for land expropriation;the second problem is the disposal of rural collective assets;and the third is the grassroots autonomy problem.Besides above,there are some other legal issues,such as the household registration system and social security system.The fifth chapter is to solve the legal issues in the process of “ Village to Urban Community”.In response to the problem of land in the process of “ Village to Urban Community”,this chapter puts forword a veiw that the urban-rural dual structure of land management should be abolished,and the problem of land expropriation should be properly resolved.Regarding to the issue of collective assets,this chapter proposes that shareholding reforms should be carried out on the basis of clarifying property rights.At the same time,the qualifications of shareholders and the allocation of stock rights should be reasonably confirmed.Under the premise of clear management subjects,the transformation of collective economic organizations into shareholding systems should be realized.Based on the dilemma of grassroots self-government,the author proposes to improve the organizational rules of“ Village to Urban Community” to reduce the government intervention so as to enhance enthusiasm of residents for participation.At the same time,we must adhere to the“ human-oriented” principle of urbanization,ensure the right of villagers to survive and develop in the process of “ Village to Urban Community” and enable villagers to benefit from this reform.