Research On Legal Problems Of Allocation Of Rural Land Acquisition Compensation

Most countries generally recognize that the person who has been expropriated has the right to receive corresponding compensation for expropriation.The theoretical basis of the compensation is that the expropriated person has undertaken "the particular costs ".Compensation for the expropriated person is the legal premise of expropriation.Collective land ownership is implemented in China ’s rural areas,and the compensation for rural land acquisition need to be distributed among the collective members.This paper works on expropriation compensation system,collective land ownership,and collective member rights,On the basis of empirical research on the legislative status and the practice of allocation mechanism of land expropriation compensation,and summarizes the existing problem and proposes countermeasures.The paper contains five chapters.Chapter One Introduction.Including the significance of selected topic,research review,research objects and research methods,on the basis of summarizing and analyzing the previous studies,the empirical research methods are put forward to study the legal issues of rural land acquisition compensation allocation.Chapter Two The legal basis of compensation for agricultural land acquisition allocation.This chapter contains two parts.The first part defines the concepts involved in the compensation for rural land acquisition,such as the concept of rural land,the concept of rural land acquisition and the concept of rural land acquisition compensation,Including the theory of collective land ownership,collective membership rights,etc.At the same time,the shortcoming of the current China’s expropriation compensation system for the rural land have been analyzed.Chapter Three The realistic dilemma of and allocation of the compensation for rural land Acquisition.Works on the current legislative situation in China,we summarize existing problems in the distribution mechanism,such as the problem of the distribution standard,the distribution object in the compensation and the distribution of rural land acquisition,such as the embodies unequal and in disorder between rights and obligations in the compensation allocation for the rural land acquisition,the imperfect system of the collective member rights,the lack of the standard for the compensation allocation for the land acquisition,and the subject of contracted management rights of rural land is unknown.Chapter Four Empirical Analysis on the dilemma of compensation allocation for the rural land acquisition.This chapter works on the judicial practice in our country and examines the current status of rural land expropriation compensation allocation by searching cases through the China referee document network.Summarize the overall characteristics of rural land acquisition compensation,and summarize the practical problems of rural land acquisition compensation allocation,and analyze the crux of the problem of rural land acquisition compensation allocation.Chapter Five Suggestions for improving the compensation and distribution mechanism for rural land acquisition.On the basis of analyzing the practice of compensation allocation of rural land acquisition,the path to solve the problem include: First,improve the system of collective member rights,improve the security system of collective member rights and interests;second,clarify the subject of contracted management rights;third,improve the rural land expropriation compensation system,include the expropriation compensation for the usufruct,establish market-based expropriation compensation standards;fourth,improve the judicial relief mechanism,confirm that the Villagers’ autonomy has limited judicial review power.