Study On The Compensation System Of Rural Collective Land Collection In Time

The Land Administration Law of the People 's Republic of China,implemented on January 1,2020,stipulates the issue of timeliness of expropriation compensation.Article48 of the "Land Administration Law of the People's Republic of China" stipulates that fair and reasonable compensation shall be given for land acquisition,and land compensation fees shall be paid in full and on time in accordance with the law.This is the first time that legislation has made “timeliness” provisions for compensation.Most of the existing literature in China is concentrated on the principle of fair and reasonable land acquisition compensation,and there are few studies on the timely compensation system for collective land acquisition.In the actual judicial practice,the number of disputes caused by the untimely collection of compensation is on the rise year by year.Therefore,it is of great theoretical and practical significance to study the timely compensation system for rural collective land acquisition.This article takes the expropriation compensation as the research object,and uses the literature research method and comparative analysis method to study the rural collective land expropriation and timely compensation system based on the existing theory.To this end,the structure and content of the article are as follows: The first part is an introduction,mainly elaborating the research background and significance of this article,research methods and contents,literature review and innovations in this article;the second part is the overseas investigation of timely land acquisition compensation And reference,mainly inspected the land compensation and timely compensation system in France,Germany,the United States,Japan and Taiwan,and used for reference;the third part is the rational analysis of the collective land acquisition and timely compensation system;the fourth part is the collective land acquisition The content of the timely compensation system;the fifth part is the construction of the timely compensation system for collective land acquisition.By analyzing the necessity and feasibility of the timely compensation system for collective land acquisition,the content of the timely compensation system for rural collective land ownership acquisition is discussed,including the timeliness of determiningthe amount of compensation,the timeliness of initiating compensation steps,and the timeliness of accountability for compensation And improve the timeliness of compensation and relief.Institutional construction of timely compensation for rural collective land acquisition.It is proposed to establish a unified Land Acquisition Compensation Management Law,improve the procedures for land acquisition,and implement advance compensation;set up a special fund system and establish a special account for compensation custody;build a diversified relief mechanism,such as administrative mediation and judicial relief.A series of countermeasures suggested that the timely compensation system should be included in the legalization track to improve the compensation system for rural collective land ownership.