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Levy Contracted Land Compensation Fees for Distribution Dispute Resolution Mechanism

Author: ZhaoXia
Tutor: EXiaoMei
School: Inner Mongolia University
Course: Legal
Keywords: contracted collection of compensation cost allocation collective economic organizations members
CLC: D922.32
Type: Master's thesis
Year: 2011
Downloads: 84
Quote: 0
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Abstract


In China in 2004, revision of the constitution, specified by the state for the needs of public interests may be expropriated land, and the farmer collective compensation. In 2007, implement of the property law, if further regulation contracted land is expropriated, who shall have the right to obtain corresponding land contract right of compensation. Compensation produce benefits, interests disputes. Levy contracted land compensation fees for distribution dispute with the development of society increased significantly. In recent years, more and more land expropriation compensation distribution dispute cases to the court, court of litigation subject after the case to determine how the substantive dispute and wide divergence processing, the referee results also uneven. In view of land expropriation compensation distribution is closely related with farmers vital interests, involving larger population, they are wide, seriously affect the stability of the rural society, so how to solve such problem has become a top priority. Based on these disputes and solution mechanism, discusses the thinking this kind of dispute legislation in judicial practice causes and the existing problems and solving thinking and strategies, etc.This article from China’s peasants levied legal system of compensation cost allocation situation and deficiencies of the first part of the article analyzed levied with contracted land compensation fees for the distribution of China’s rural land system related to the present situation and the compensation system of land expropriation defects and the present situation and defects.The second part analyzes ordos region badly roughed in judicial practice contracted collection types, characteristics of distribution of disputes, analyzes the levy in judicial practice contracted land compensation fees for distribution problems:compensation cost allocation dispute can accuse sexual regulation is not clear, contracted land compensation distribution compensation levied the cognizance of specific right to compensation distribution of unity, single or relief way of dispute missing.The third part, the author in this part of the proposed in this front levy contracted land compensation fees for distribution of dispute settlement mechanism several countermeasures and Suggestions, hoping to provide some useful reference to judicial practice.

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CLC: > Political, legal > Legal > Chinese law > Land Law > Agricultural Land Law
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