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本文从正在进行的城中村改造所遵循的现行相关之立法出发,并在考证广州猎德村具体改造实践之基础上,对城中村集体土地所有权国有化进程以及征收管理补偿的相关立法等问题提出了一些建议。我们认为在城中村改造过程中应当选择统一的、集中的立法形式;设立城中村集体土地所有权国有化的正当程序;设计城中村集体土地所有权国有化后征收补偿的正当程序;并将城中村改造中的补偿标准市场化,以期更好地实现城中村集体土地权利。
Based on the existing relevant legislation followed by ongoing renovation of villages in villages, and based on a study of the concrete practice of the redevelopment of Liede Village in Guangzhou, this paper presents the process of nationalization of ownership of collective land in cities within villages and the relevant legislation on the collection and management of compensation Some suggestions. We think that we should choose a unified and centralized legislation form in the process of urban village reconstruction, set up the due process of nationalization of the collective land ownership in the village within the city, design the due process of compensation after the nationalization of collective land ownership in the village, In the compensation standard marketization, in order to better realize the collective land rights of the village in the city.