论文部分内容阅读
集体土地所有权和农民的房屋及附属物所有权属于不同的主体。农村的土地,除由法律规定属于国家所有以外,属于农民集体所有;宅基地和自留地、自留山,属于农民集体所有。农民的房屋及附属物显而易见归农民自己所有,属于农民私人财产。国家因公共利益的需要对集体土地进行依法征收的行为是行政行为,对集体土地上房屋及附属物征收补偿却没有一个专门的法律法规进行规范,其法律关系也是并不明确的。农村集体土地上房屋及附属物征收补偿法律关系应该是行政法律关系,国家和房屋的合法拥有者是这一行政法律关系当事人。
Collective land ownership and peasant housing and appendage ownership belong to different subjects. The land in rural areas belongs to the peasant collective except for those owned by the state as prescribed by law. The land sites and the private plots and the self-retaining hills belong to the peasant collective. Farmers’ houses and their appellations are obviously owned by the peasants themselves and belong to peasant private property. It is an administrative act that the state collects the collective land according to the law because of the need of the public interests. There is no specific laws and regulations to regulate the compensation for houses and attachments on the collective land. Its legal relationship is also not clear. The legal relationship between the compensation for houses and attachments on the rural collective land should be the relationship between the administrative law and the legal owner of the state and the house as the parties to the administrative law relationship.