Research On The Legal Issues Of House Land Acquisition And Compensation

With the rapid development of China's economy and the increasing demand for land construction,the state-owned land resources in cities are relatively scarce.Levying the rural land has become the main way to expand the construction land in China.The relevant legislation on compensation for collective land expropriation has not been updated in real time,resulting in disconnection between legislation and social practice.Facing the strong administrative power,the interests of the peasants' collective and he interests of the individualcan not be effectively guaranteed,and the social contradictions caused by the collective land expropriation are common.Among them,the homestead is the most important property rights of the farmers.If the homestead is not expropriated after the expropriation is compensated,the farmers will not only face the problem of infringement of rights,but also the survival problem.Therefore,improving the legislation of compensation for homestead expropriation is an effective way to safeguard the collective legitimate rights and interests of farmers,and it is also the only way to promote social harmony and improve economic construction.This paper is divided into four parts,the first part from the homestead of the essence and practice involved in the homestead levy compensation disputes,land compensation legislation system is not balanced,limit the government's covert revenue in four aspects,discusses the necessity to improve land expropriation compensation legislation.The second part through combing the land expropriation compensation legislation,analysis of homestead compensation current legislation exists five problems in the definition of public interest is not clear,the scope of compensation,the compensation standard is not comprehensive,fair hearing procedure is not reasonable,the compensation is not smooth and other existing.The third part analysis of the major developed countries,such as USA,Japan,Germany,France,Canada and other advanced legislation on land expropriation compensation,and then summed up for our reference four experience of learning,including the public interest compensation standard definition,reasonable standard,quasi collection procedure,perfect remedy etc..The fourth part,aiming at the problems existing in the legislation in our country,and combining with the advanced legislative experience of other countries,puts forward suggestions for improving the legislation of compensation for Homestead Land Expropriation in China.As follows,first,from the two aspects of entity clarity and program review,the connotation of public interests strictly clear,secondly,the homestead right of use homestead levy compensation scope,clear compensation status of the independent;thirdly,respectively put forward specific standards of compensation for expropriation of land and the real estates;fourth in the process of hearing procedure,compensation standard homestead levy,guarantee the participation and supervision of the masses;fifth,judicial remedies compensation disputes increase land expropriation.