Study On China’s Rural Land Expropriation Compensation

Rural land into the phenomenon of non-agricultural land is increasingly common intoday’s China’s industrialization urbanization progress. The land acquisition is a nationalpublic interest, in accordance with the law of collective land expropriation or the impositionof the behavior. Land expropriation must receive government approval, the Government hasgreat discretion. The government must be given reasonable compensation for land acquisitionSince the founding of our country experienced a period of planned economy and marketeconomy period. Under the planned economy, China has formed a series of relevant laws andregulations for land acquisition and compensation, to effectively regulate the interests ofsocial groups involved in the land acquisition process, inhibit the indiscriminate occupation,monitoring use of cultivated land, waste land and other unhealthy practices. To a marketeconomy period, China began to nation-building expropriation of land into the legal system,on land requisition compensation and related system also do the corresponding adjustments,but due to the active nature of the market economy, economic main body of the economies ofthe close contact and mutual influence these provisions there are still many gaps. Standard ofcompensation for farmers for the land and did not take into account the appreciation of theprice of the land itself, but merely to compensate the loss of its land output, the way ofcompensation or one-time monetary compensation of the planned economy period, thelandless peasants in the trend of urbanization start a new working and living out of a footholdin this land into the city by virtue of their skills to survive, farmers need to learn newtechnology, moved into the community from property management. Education, health careand other issues faced by the farmers lost ground after government land acquisition has notfully taken into account; this is our land acquisition and compensation system imperfectionscaused. The reason is mainly because the existing land compensation system has a strongplanned economy, has not adapted to the status quo of the market economy and the economicbehavior of the main norms and the development of related systems; inadequate supervisionin the process of land acquisition, government and the process of land acquisition, such asannouncements, placement methods, land acquisition, according to the approved use of landto supervise the designated departments to supervise, land acquisition and the issuance of the compensation is received at all levels of the layers of interception; peasants rights weakawareness, lack of awareness of their rights for the Government’s decision blindly obedient,does not know how to protect their own interests.The author will improve China’s Compensation System, the following areas in detail. Wemust first clearly understand the concept of land acquisition, the key is a clear "publicinterest"; when carrying out land acquisition and compensation in addition to pay the farmers’legal provisions related to compensation, should also increase to pay the market price of theland acquisition; set up a special department responsible for included in the scope of socialsecurity; and landless peasants from the supervision and restraint on the behavior of landacquisitions and land acquisition compensation, multi-channels to solve the employmentproblem of the landless peasants, accelerate the township enterprises and rural towns of thecoordinated development, protect farmers’ legitimate rights of the non-agriculturalemployment and interests.