Judicial Determination Of The Investment And Interests In The Renovation Of Contracted Land

After rural land is expropriated,land compensation fees,including the value-added portion generated by changes in land compensation standards,are often directly and fully paid to the land owner,namely,the collective economic organization.Because the person with the right to contract and manage the land requisitioned is generally not subject to appropriation,realizing their rights often depends on the second allocation by the joint economic organization.Due to the majority decision method adopted by the collective financial organization in decision-making,it is difficult to ensure the rights and interests of the person with the right to contract and manage the land outside the minority or members of the collective economic organization,which also leads to a conflict between the private interests of the person with the collective public interest.Reasonably identifying the investment in contracted land remediation and its benefits is significant for protecting the interests of land contractual management rights holders and promoting the long-term and stable development of the rural economy.This article takes a real case-Li Fangmou,Li Huimou and a group of rural land contractual management contract disputes in a village as the research object.The case involves the determination of the ownership of the contractual land management right holders’ investment in the renovation of the contracted land and their interests,as well as the issue of how to compensate for the investment in land renovation during land acquisition.According to the principles of fairness,the priority of usufructuary rights,and the protection of expected interests,the value-added benefits generated by land remediation should be attributed to the contractor.The land acquisition legislation should refer to Article 338 of the Civil Code and improve the relevant system for acquiring land contractual management rights.The contractor should be regarded as the object of acquisition.A method of separate compensation for land ownership and usufructuary rights should be established to fully protect the contractor’s right to know,participate,and directly and independently receive compensation.The standards for payment for land remediation should be detailed.The contractor shall enjoy the balance for the added value of the land after renovation.