Research On Rural Collective Land Expropriation And Compensation System

With the rapid development of our economy and society,then there is the acceleration of urbanization process,the land resource in our country is limited,in the process of urbanization,has to use state power to levy of rural land,the farmers' collective ownership of land into state ownership of land,which makes the survival of many farmers lost their land,identity transformation for land-lost farmers compared with cities,most of the farmers living in the countryside,often knowledge Lack of professional skills,ability to learn and accept new things ability is bad,only in their own worlds is basic to adequate food and clothing,land expropriation is that are a direct result of farmers to the hands of the transfer of the ownership of the land,loss of life to ensure social survey shows that most of the living standards of the farmers is a downward trend,improve the system of collective land expropriation and compensation is needed.According to the provisions of Article 42 of the property law of the People's Republic of China(Article 42: for the acquisition of collectively owned land,the compensation fees for land compensation,resettlement subsidy,compensation fees for attachments on the ground and young crops,etc.shall be paid in full according to law,and the social security fees for the farmers who have been expropriated shall be arranged to protect the life of the farmers who have been expropriated and the legitimate rights and interests of the farmers who have been expropriated shall be protected.For the houses and other real estate of the expropriated units and individuals,compensation for demolition and relocation shall be given in accordance with the law to protect the legitimate rights and interests of the expropriated;for the houses expropriated,the living parts of the expropriated shall also be guaranteed)and the provisions of Article 47 of the land administration law of the people's Republic of China(Article 47: for the land expropriated,compensation shall be given according to the original use of the land expropriated.The compensation fees for the expropriated cultivated land include the compensation fees for land,resettlement subsidies,and the compensation fees for the attachments and young crops on the ground,and the normative documents determined by the local governments on the implementation of the expropriation in the region(such as the notice of the people's Government of Anhui Province on adjusting the compensation standards for land acquisition in Anhui Province,the compensation and resettlement measures for houses on the expropriated collective land in Hefei City,and the compensation and resettlement measures for houses on the expropriated collective land in Hefei City,etc.)Measures for compensation and resettlement of houses on expropriated collective land in Feng xian County,etc.),although the compensation system of land expropriation has legal regulations,there are still various problems in the process of implementation,and there are problems in the setting of the law itself,such as the comparative principle of the provisions of the compensation system,which is not detailed for the specific implementation standards,but handed over to the local authorities In this way,the level of legislation is relatively low,which inevitably brings some problems in the implementation.Just in 2017,the state launched another revision of the land management law,which attracted wide attention of the society.On August 26,2019,the 12 th session of the Standing Committee of the 13 th National People's Congress voted to adopt the decision on Amending the land management law,to adapt to the practical needs and future development trend of comprehensively deepening reform in the new era,and made many innovative changes to the land management law in the aspects of rural land acquisition,market entry of collective operating construction land,housing base use system,basic farmland protection,etc Or supplement,this paper further analyzes and discusses the compensation system of rural collective land acquisition combining with the amendment on collective land acquisition in the amendment.Based on the problems existing in the compensation system of collective land acquisition in Wugang community of Anhui Province,this paper analyzes the current situation of the compensation system of collective land acquisition in Wugang community through literature,empirical analysis,normative analysis and field research.Through the research and analysis of the Wugang community collective land acquisition compensation system,there are some shortcomings: the relevant legislation is not perfect,the definition of the scope of collective land acquisition is not clear;the land acquisition process is lack of openness and transparency,so that the participation rights and supervision rights of landless farmers can not be fully exercised;the resettlement efforts of landless farmers are insufficient,floating in the form of employment training does not play a good role;The system of judicial assistance is absent,and there is no way to ask for help when the rights and interests of landless farmers are damaged.Through the analysis,the author puts forward some suggestions for the improvement of the compensation system of the National Rural Collective Land Expropriation: further improve the legislation,improve the public announcement system of the whole process of land expropriation process,adopt diversified resettlement methods for landless farmers,and strengthen the construction of judicial assistance system.This paper consists of four parts: the first part introduces the research background,significance,content and methods,innovation and shortcomings.The second part introduces the related concepts,paves the theoretical basis,and makes a brief summary of the development and evolution of the rural collective land expropriation compensation system,the changes under the background of the revision of the land management law and the current situation of the rural collective land expropriation compensation system.The third part first introduces the current situation of land expropriation system reform in Anhui Province,then briefly summarizes the current situation of land expropriation compensation system in Wugang community,and analyzes the typical problems.The third part,combined with the problems analyzed in the second part,puts forward suggestions to improve the compensation system of rural collective land acquisition.