城中村改造基本法律问题研究

城中村问题是中国城市化进程的一大障碍。城中村的存在既妨碍城市的建设规划,也妨碍城市治安和城市居民生活。目前城中村改造缺乏国家统一的立法,而地方立法对改造中利益补偿和分配实行模糊的处理方法,只能暂时掩盖矛盾。城中村改造的法律问题涉及农民身份的转换、集体经济性质的转换和农民利益的补偿、安置,也涉及村委会或居委会与由村民组成的城中村改造建设发展公司的法律关系的认定。

Study of the Basic Legal Problems in the Reconstruction of Village-in-City

Village-in-city is a huge obstacle in the development of urbanization in China.The existence of village-in-city hampers both the construction and planning of the cities and at the same time threatens the city's security and its citizens' lives.At present,there is no the nationally unified legislation for the reconstruction of villages in cities.However,how to compensate and distribute the benefits still remains unclear in the local legislation,and the local laws can only temporarily conceal the conflicts.There are many legal problems in the reconstruction of villages in cities,such as the conversion of farmers' identities,the conversion of the nature of collective economy,the compensation and allocation of farmers' benefits,and problems also arise from the verification of the legal relationship between the villagers' committee or residents' committee and the reconstruction development company with the villagers as its members.