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农村房屋的征收、拆迁、补偿、安置的制度很不完善,甚至存在制度空白,基本上无法可依,导致其随意性、无序性、主观性、无法性等大量问题出现。应当破除城乡房屋拆迁补偿的“二元”体制,加快制定农村房屋征收补偿的法律规范;强化开发区与城镇化规划法治的科学性与权威性,以减少占用农村土地与强拆农民房屋的恣意性;强化耕地保护的法治观念与执法监督,正确处理发展需求与土地红线的关系;保障土地整理政策的合法性与正当性,克服大量农民被“上楼”现象;尽快化解小产权房屋的历史遗留问题。
The system of collecting, relocating, compensating and resettling houses in rural areas is imperfect and there is even a gap in the system that is basically unmanageable. As a result, a large number of problems such as arbitrariness, disorder, subjectivity and inefficiency have appeared. We should eliminate the “duality” system of compensation for demolition of urban and rural housing and speed up the formulation of legal norms for compensation for rural housing expropriation; strengthen the scientific and authoritativeness of the rule of law in development zones and urbanization planning in order to reduce occupation of rural land and demolitions of peasant houses Strengthen the legal concept and law enforcement supervision of cultivated land protection, correctly handle the relationship between development needs and land red line, ensure the legitimacy and legitimacy of land consolidation policies, overcome the phenomenon that a large number of peasants are being “upstairs”, and resolve small property as soon as possible Housing legacy problems.