论我国土地征收补偿费用的分配.pdfVIP

Abstract In the rapidly urbanized and industrialized economic background, land expropriation is used as a method of expanding the scope of state-owned land. During the expansion, many land expropriation compensation disputes are appearing. The distribution system of compensation is an the most important part of land expropriation, which is a key system entitling the villagers to the ultimate benefits and rights from the village-owned land and is the ultimate method of solving disputes caused by the land expropriation. However, under the present Chinese legal system, because it is lack of particular laws and regulations or the present laws are too general, and, the character of land expropriation compensation and compensation benefits is uncertain, the parties entitled to participate the distribution are pending, the distribution principle and procedure are too unparticular, rigid ,and the dispute solving procedure are too simple, the disputes arising from land expropriation are hard to be solved satisfactorily and consistently and the social and legal effect are unsatisfactorily. This article is to analyze the present applicable laws in China and study the distribution of land expropriation compensation benefits. The forcibility and destructivity of land expropriation requires that the legality \ necessity and indemnificatory of land expropriation compensation.The particularity of land expropriation requires the community of land expropriation compensation benefits.The qualification of parties entitled to participate in distribution of land expropriation compensation benefits. First of all, the parties entitled to participate in distribution ar