| 英文摘要 |
The removal of land in rural areas (hereinafter referred to as the rural resettlement) is always a difficult problem in the hot and the judicial practice of social concern, it is not only related to the peasants vital interests, is related to the longterm stability of rural society and the urbanization process. Rural resettlement compensation (including compensation, resettlement and other forms) distribution disputes is in recent years (especially the grassroots court) emerging cases. At present, our countrys legislation is not perfect yet, the judicial interpretation (including the reply) “fights”, not a local policy, the judge in dealing with such disputes, there exists a basis unknown, unclear standard, discretion scale how to grasp the dilemma, lead to different around the law in the judicial practice. Therefore, for the rural resettlement compensation distribution disputes research has very important theoretical significance and practical value. This paper in line with Chinas national conditions, combined with the actual case, to improve the rural resettlement compensation distribution disputes judicial response to conduct a preliminary study. We hope that this paper can help to make up for the loopholes in the legal system of our country, to benefit the judicial practice, in order to realize the relocation of farmers is the right of identity, the protection of property rights and collective village villager autonomy conflict and equity, effectively prevent and resolve the contradiction between the farmers and the village collective, safeguard social fairness and justice. |
