Study On Compensation Of Rural Homestead Collection

As the urban population continues to grow,the country expropriates a large amount of collective land to meet the urban population’s demand for land.According to the current law,the government should give compensation after the collective land is expropriated.However,because these compensation provisions are too abstract,they are less helpful to the settlement of disputes caused by the collective land expropriation in practice.In the collective land expropriation disputes,such disputes as homestead are particularly common.Farmers will protect their rights and interests through litigation and petition,which not only increases the judicial pressure,but also causes the tension between the government and the people.Therefore,it is necessary to study the issue of homestead expropriation compensation.At present,as far as the compensation of homestead expropriation is concerned,the existing problems are unreasonable compensation standard,narrow compensation scope and imperfect compensation allocation.The main reasons for these problems are that the homestead expropriation compensation in China is influenced by the thought of attaching importance to the public and restricting the private,the government plays a leading role in the process of land expropriation and the farmers are in a weak position in the process of land expropriation.Therefore,in view of the above problems,put forward the corresponding measures.In view of the unreasonable compensation standard,some suggestions are put forward,such as bringing the interest of land appreciation into the compensation standard of district comprehensive land price,implementing the participation degree of farmers in the formulation of compensation standard,determining the upper and lower limits of compensation standard and implementing market-oriented compensation standard for housing.In view of the narrow compensation scope,some suggestions are put forward to include the use of the homestead,the incidental loss and the right of residence in the compensation scope.In view of the imperfection of compensation allocation,the author puts forward some suggestions to clarify the main body of compensation allocation for homestead expropriation,clarify the standards of collective membership qualification and standardize the compensation allocation procedure.