| The continuous promotion of urbanization is one of the main engines of China’s long-term and high-speed economic development.Due to the limitation of the existing exploitable land,it is necessary to expropriate a certain amount of rural collective land to promote urbanization.Land is of great significance to farmers,and it is the basic source of life for farmers.How to distribute the demolition compensation after the land is demolished and expropriated is related to the basic life and social stability of farmers,which needs to be carefully identified.This paper selects three representative sample cases from the existing land demolition compensation disputes,combs the case facts and court decisions,and extracts the reasons for choosing the dispute focus and dispute focus.The focus of the dispute is mainly about the membership of rural collective,whether the court should accept it,the main body to determine the collective qualification,and the qualification of special main body.The reason why the above issues are selected as the focus of the dispute is based on the importance of these issues for the allocation of demolition compensation.Next is the main content of this paper.For the above four dispute focuses,combined with the legal theory and practice,this paper puts forward the point of view,mainly that the rural collective membership should be based on the actual connection between the villagers and the village collective land,the court should accept the dispute of demolition compensation in civil cases,and the court should be the main body of the collective qualification,etc It can provide a useful reference for the settlement of compensation disputes. |
