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为推进征迁,依据《土地管理法实施条例》第四十五条规定的“责令交出土地”决定,是当前征地拆迁中政府采取的最常用的行政手段。近两年来,被征地农户不服责令交地决定而提起的复议、诉讼案件,呈不断增多的趋势,其中争议焦点就是对农村集体土地上房屋的安置补偿。结合平湖市的实际案例,本文针对责令交地案件中农村集体土地上房屋安置补偿在实践中的疑难困惑进行分析和探讨。
In order to promote the acquisition of land, the decision of “ordering the surrender of land” stipulated in Article 45 of the Regulations for the Implementation of the Land Administration Law is the most commonly used administrative measure taken by the government in land expropriation and demolition. In the past two years, the number of reconsideration and litigation cases raised by land-expropriated farmers who were not obliged to make land-use decisions has been on an increasing trend. The focus of the dispute is compensation for the resettlement of houses on rural collective land. Combined with the actual case of Pinghu City, this paper analyzes and discusses the difficult puzzles in practice of housing resettlement compensation on rural collective land in order to pay land.