Research on compensation for the use right of homestead in land acquisition
The right to use homestead land,as the"link point"of compensation for land acquisition and housing,is of great significance for studying its compensation in land acquisition.The research results indicate that due to the lack of clear regulations on the compensation for the use of homestead land in land expropriation at the national level,existing studies have formed three different theories based on the position of homestead land use rights in land expropriation:no compensation,distributive compensation,and independent compensation.The divergence in theoretical research ultimately leads to practical management,with different regions having different signing parties,methods,and compensation practices for the"land acquisition compensation and resettlement agreement",resulting in frequent violations of the legitimate rights and interests of farmers and difficulties in safeguarding their rights.This article proposes suggestions for legislative improvement:at the national level,the concept of land centered expropriation legislation should be fully implemented,and the independent status of the right to use homestead land should be clarified;At the local level,we adhere to the basic requirement of starting from reality and clarify the calculation methods,price determination methods,and standards for compensation for the use rights of homesteads.
land managementcollective landhomesteadthe use rightland acquisitionhomestead compensation
国家科技期刊平台
NSTL
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