| With the acceleration of industrialization and urbanization,in the process of rapid urban development,a large number of collective land has been expropriated by the state for different reasons.Although this is the inevitable result of social development,there are still many problems in the current rural collective land expropriation system,which makes it difficult to fully protect the rights and interests of landless farmers,And then affect social stability and development.Specifically,there are some problems,such as low compensation standard and single compensation method.Only by providing reasonable judicial relief can the interests of landless farmers be truly protected.The most important thing is that the public welfare of collective land expropriation compensation should be truly reflected.In the process of land expropriation,landless farmers must have the right to speak,When the interests are damaged,we can effectively exercise the judicial relief power to safeguard their legitimate rights and interests,in order to achieve reasonable compensation and resettlement,which is of great significance to solve the "three rural" problems,the coordinated development of urban and rural areas,the realization of farmers' prosperity and the resolution of the contradiction between land expropriation and demolition.This paper mainly adopts the methods of literature research,historical research,comparative research and case analysis to study the collective land expropriation compensation system.By reviewing the historical development process of China's collective land expropriation compensation,this paper explores the reasons why it is difficult for farmers' rights and interests to be protected in collective land expropriation,and further studies to find solutions.This paper is divided into five parts.The first part mainly describes the research background,significance and literature review,and introduces the research methods of this paper,so as to lay a theoretical foundation for the later chapters;In the first section of the first chapter,the concept of collective land expropriation compensation system in China is briefly described.In the second section,the problems existing in the process of collective land expropriation compensation in China,such as the vague definition of public interest,the low standard and narrow scope of land expropriation compensation,the single way of land expropriation and resettlement compensation,the great difference between urban and rural areas,and the difficulty of land expropriation compensation in place,are proposed.The reason lies in the fact that collective land expropriation is completely an administrative leading behavior,the lack of the theory of the right to agricultural land development and the limitation of the public's right to know and participate.The second chapter studies the land expropriation system of foreign countries(regions) and some areas outside the mainland of China,in order to get inspiration and learn from it.Based on the previous analysis,the third chapter puts forward how to improve the compensation system of land expropriation in China.First of all,we should improve the legal provisions of collective land expropriation,determine the scope of "public interest",provide the way of judicial review,and adopt diversified resettlement compensation methods to ensure the long-term livelihood of farmers.Secondly,the participation right of the land expropriated should be guaranteed,the information disclosure of land expropriation compensation should be expanded,and the system of soliciting opinions before the change of cultivated land nature should be established.Then,the equal negotiation mechanism is constructed to ensure the realization of the market price of land acquisition.Finally,we should abolish the pre administrative appeal and ban the rule that the government should be both an athlete and a referee,so that the land expropriated can freely seek judicial help in land expropriation disputes and protect their legitimate land rights and interests. |
PDF Full Text Request