Study On The Legal Problems Of Public Interest Realization In Farmland Expropriation

At present,the new type of urbanization to promote,experience and lessons are all highlight this has become the inevitable trend of human social development.Therefore,the study of agricultural land expropriation in the public interest to achieve the legal background of the default is the new urbanization.In the process of new towns,agricultural land requisition is an important way to meet the land demand,and plays an important role in the comprehensive and coordinated advancement of the new urbanization.How to realize the maximization of public interest and the reasonable distribution of land interests among different stakeholders are important topics that need to be actively explored in theory and practice.Central Committee No.1,2015 "on the reform and innovation to speed up the modernization of agriculture to speed up the construction of a number of opinions" requires the classification of the implementation of rural land expropriation,from the national policy level on farmland levy,land value-added income distribution and other issues to guide.The basic idea of this study is:First of all,this article from two levels to carry out the analysis of basic theory.On the one hand,the basic concepts of the legal issues,the connotation of the public interest and the legal type of the public interest in the public interest of the agricultural land levy are sorted out.On the other hand,we use the basic theory of law and economics,which focuses on the theory of survival and development,the theory of interest and interest,the theory of macro-control,and the theory of land property in economics.The theory of development right and the theory of land value-added income distribution provide the theoretical basis for the study of legal issues in the realization of public interest in agricultural land expropriation,the realization of public interest realization system and the realization mechanism.Secondly,for the more comprehensive discovery of the existence of public interests in the collection of agricultural land problems,targeted to solve the obstacles to the realization of the public interest,this article from two aspects of a more adequate analysis:First,the agricultural interests in the public interest The development of the scope of the track and analysis,the second is a comprehensive study of agricultural land in the interests of the new situation and the new situation of the relationship between the development of agricultural interests and the interests of the new game.On the basis of summing up the rules and the interests of combing,combining with the integration of questionnaire and field interviews,we find the main problems of five aspects of obstructing the realization of public interest in agricultural land expropriation,including the lack of legislation of public interest,Compensation and distribution system defects,lack of supervision system and lack of relief system.Thirdly,one of the important and basic problems in the realization of public interest in agricultural land expropriation is the recognition of public interest and the realization of public interest.In the study,it is found that the practical experience of some countries abroad is typical and can be used for reference.This paper selects five typical representative countries in Britain,the United States,France,Germany and Japan,and analyzes the characteristics of the recognition and realization of the public interest in the five countries On the basis of further combing the conclusion,it draws the conclusion that it has enlightenment to our country and provides reference and enlightenment for our country to define the public interest and realize the public interest from the aspects of substantive law,procedural law and current law.Finally,the article elaborates the key points of the institutional selection of farmland levy on the basis of theoretical analysis,current situation and problem analysis and foreign experience,which mainly includes the following aspects: the mechanism of public interest realization in farmland expropriation is explored The establishment of the rural community as the main body of the public interest representation system,innovation community development rights on the basis of the descendants of the land development rights agency system,based on the principle of fairness and justice to improve the compensation system of farmland compensation system of three aspects of the organizational system to improve;System,decision system and supervision system to improve the hearing system from three aspects;from the sound "market pricing" based on the complete compensation system to improve the creation of agricultural land development rights based on the distribution of agricultural land distribution system,the establishment of "collective development fund" to The author puts forward some suggestions on how to improve the compensation system of the professional team based on the empirical research,and innovate the judicial system based on the judicial response to the government.Relief system,sound to farmers’ rights and interests Security for the purpose of "land exchange social security" and "land buy back system" four angles on the supervision and relief system has been improved.In the last part of the article,the legal concept and legislative proposal formulated by the Regulations on Compensation for Collective Land Expropriation in Rural Areas are explored on the basis of the realization of public interest in agricultural land expropriation,and the proposed draft of the regulations has been tried and tried.