Research On The Legal Issues Of Land Expropriation Under The "village Conversion"

With the development of urbanization,"the village changed" has become the only way for the development of rapid rural to urban.It is also a major issue for the current and future.But in the process of "the village changed",because of the lack of relevant legal policies,combined with the administrative authority of administrative organ legal consciousness is not enough,which lead to village in some key areas,such as the original collective asset disposal,the original villagers' social security and other specific links appear great randomness,seriously infringe on the original rural collective interests and villagers.This article selects the most core greatest concerns of land expropriation,the farmers as a breakthrough point,through the study and the author himself involved in the basic theory of land expropriation of the pearl river delta to the village changed practice research,starting from their mastery of the first-hand information,analysis the problems existing in "the village changed",at the same time,pay attention to lessons from foreign research results,to our country "the village changed" transformation of land expropriation system perfect Suggestions are put forward.This mainly about the background and significance of the research,the research trends and methods of research at home and abroad.The body of the text is divided into four chapters.The first chapter mainly in the pearl river delta as an example,the village changed in the process of urbanization in China,introduces the basic situation and the "village changed" restructuring in the land expropriation related theory are summarized,including the concept of land expropriation,etc.,and research of the basic theories of land expropriation by the village changed the feasibility and necessity of land expropriation.Investigated in combination with the practice in the case of the second chapter "the home village changed" restructuring of the specific problems of land expropriation,basically have the cognizance of the lack of public interest mechanism,the development of the private parties in a severely restricted,imperfect system of compensation and resettlement of villagers,a low degree of information disclosure,the right remedy mechanism is imperfect and the lack of a reasonable and effective legal procedures,the development of farmer rights and interests protected,and so on.The third chapter mainly analyzes the problems.This paper makes an in-depth analysis of the interests game,the limitation of legislation and the incomplete ownership of peasants collective land.The system lays a solid foundation through the analysis.The fourth chapter mainly aimed at the existing problems and in combination with the foregoing analysis and draw lessons from foreign experience of land expropriation,and from strengthening the power limit of collection of executive main body,perfect democracy in the procedure of land expropriation,build a relative person's right remedy mechanism,perfecting the resettlement compensation system of our country "the village changed" the suggestion for the improvement of the land expropriation legislation Suggestions.