Rural urban-house removing compensation disputes the countermeasures to prevent and control

In recent years, along with the acceleration http://www.wow-gold-team.com/ (wow gold) of urbanization and the needs of the construction of urban renewal of villages and towns, large collection of collective land or take back, which caused farmers house dismantlement compensation disputes was significantly increased trend. Farmers house dismantlement compensation dispute has become the focus of concern to all sectors of society, and the difficult problem. But the current national laws and regulations to farmers in house relocation compensation this kind of matter settlement of the farmers on major matters but did not make clear a regulation, the judicial practice and also have no unified recognition, cause the same case processing results are often not the same, this not conducive to maintaining the majesty of the law, but also to protect the farmers' legal rights and interests. According to law of collective land correctly try farmers house dismantlement dispute cases, is not only beneficial to the balance of the state, the collective, the three parties farmers interests, but also for the construction of socialist new countryside has a very important role. In view of this, the author collective land farmers house dismantlement disputes the countermeasures to prevent and control the following article.

Clearly define the scope of public interests
The constitution and land administration http://www.flywowgold.com/ (wow gold) law explicitly stipulated in collective national land expropriation and requisition of the premise or must be in the public interest, and the country needs the collection and collective economic organizations take back the land use right strict rules of social public interests first must is for the purpose, the second must abide by the legal procedure, the third must give appropriate http://www.cheapergold.co.uk/ (wow gold) compensation. However, the existing laws and regulations and no clear definition of construction projects land is what to the needs of public interests. To this, the author thinks that, in the current laws, rules and regulations, did not make clear a regulation, protect the lawful rights and interests of farmers should be in collective land, farmers in the house dismantlement range the definition of the public interests should declare sure, can according to the provisions of article 54 of the land administration law has one of following state as the needs of public interests: one is to state organs of land and military land; 2 it is the city basic facilities and public welfare undertakings of the land; Three is the key support of the state energy, communications, water conservancy and other infrastructure land; 4 it is the law, administrative rules and regulations other USES. For collective economic http://www.85wowgold.com/ (wow gold) organizations and farmers in the land use right back the scope of public interests only for township (town) village public facilities and public welfare undertakings construction. Otherwise, there will be local government to economic construction and the collective economic organizations in order to pursue the short-term benefit maximization expropriation power and recovery of abuse, beyond the public interests of the right to levy or withdraw collective land.
Land requisition "change" to "purchase"

Requisition compulsory administrative behavior, as should be strictly limited in large foundation facilities and public welfare within the scope of land, and usually a lot of business land requisitioned should be adopted in the form. Involve large infrastructure construction and the construction of the public welfare undertakings general are nonprofit, the utility of publicity, long-term, latency, the characteristics of the economy, investors is a government department, big winners is a region of the public part or. So, for such construction projects, if take the land market operation mode, it will directly to the project cost is too high, the government cannot afford; Even because of land ownership and people couldn't come to an agreement, lead to construction projects http://www.wow77.com/ (wow gold) can't start working. So, for such construction projects of land, it is necessary to form the basis of the "personal rights shall hinder the social interest" principle of law, take administrative requisition way. But, even if the "land" the compulsory means, also should not lead to individual rights obviously been ignored or violations, "land expropriation compensation fees shall refer to" the same market price to pay. But for the average a lot of business land, its purpose is for business activities, to gain profit, so should the government purchase form, by market to adjust, can make the government from the specific market behavior from out of the policy guidance, macro. The land by and for the land to the consultation, and use of economic leverage adjustment to realize the optimized allocation of land resource, land resource into full play to utility. So do a further advantage is to avoid the government and a class of directly to fight between, making the government is in the position relative detached managers, the status of arbitrators, and through the mediation of the conflict of individual, mediation, the ruling, reduce social factors of instability, make oneself become social contradictions of pressure reducing valve.

Farmers house dismantlement the determination of compensation standard
Because of the rural and urban economic development level, whose house is a big difference with the urban house dismantlement compensation and resettlement standard height is differ, the case in the trial, two kinds of compensation and resettlement for alternative to apply the standard, often becomes the focus of the dispute. At present the urban construction has to suburban development, more and more references to the collective land requisition and the http://www.myd3gold.com/ (buy diablo 3 gold) ground of the house dismantlement. Land expropriation relocation standard and city to tear open change compensation standard for the larger gap, house dismantlement buried the hidden trouble. And urban-house removing compensation system relatively mature, have relevant rules and regulations to the specification, to farmers on house-site demolition of houses, the country has not been clearly make a prescribed set of circumstances, the author thinks that, in practice, the court shall be subject to the relevant provisions of the land administration law of compensation and resettlement for examination standard, can according to the regulations on the administration of urban house dismantlement relevant provisions, considering the price and local life level and other factors, increasing the standard of compensation and resettlement.

On an article：http://50centwowgold.blogspot.com/2011/09/anhui-rural-demolition-in-village.html