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Legal Protection Of The Interests Of Special Groups In The Distribution Of Compensation Fees For Land Expropriation In Rural Areas

Posted on:2020-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:M Y ZhuFull Text:PDF
GTID:2416330590454947Subject:legal
Abstract/Summary:PDF Full Text Request
In China,the agricultural population accounts for the majority of the national population.In recent years,the three rural issues have been plaguing scholars.With the acceleration of the urbanization process in recent years,the city has gradually spread to the countryside,a large number of rural collective land has been levied,and collective economic organizations such as village committees and villager groups have received a large amount of compensation for rural land acquisition and disputes over land acquisition compensation.This has resulted in an increase in growth.According to Chinese laws and regulations,China implements collective ownership of rural land.Farmers have no real ownership of land,but only contractual management rights.In essence,the compensation for land acquisition is that the nation will distribute the land acquisition compensation to the village collective organization,and the village collective organization will distribute the compensation to the farmers twice.The law only has a principled provision for compensation for land acquisition,and there is no specific distribution plan.When the court hears a specific case,there is no uniform legal regulation and operational standards,and there is a large discretionary space,which is likely to lead to different judgments in the same case.This will not only lead to the dissatisfaction of the masses to the credibility of the judiciary,but also affect the authority of the judiciary.It will also affect the handling of more identical cases.It is difficult for the parties to obtain satisfactory and convincing judgments and aggravate collective contradictions and social contradictions.Therefore,this paper tries to find out the problems in such cases and seeks fair and reasonable solutions for such cases,in order to achieve the effect of protecting the interests of farmers and maintaining social stability.The issue of land acquisition compensation is related to the long-term national development and stable rural production and living order.At present,it seems that China's research on the law of land acquisition compensation fees is only at the theoretical level,and there is not much experience in judicial and legislative practice.Only theory combined with practice can lead to truly accurate cognition.The article combines legal theory knowledge with case analysis method and conducts research and analysis by using data analysis methods and other research methods.In order to effectively protect the interest of land acquisition compensation for special groups,we need to improve the protection path through the combination of upper-level laws and judicial experience,so as to truly reduce land acquisition compensation disputes and promote long-term stable development of rural areas.
Keywords/Search Tags:the rural land requisition, the land requisition compensation allocation, special groups
PDF Full Text Request
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