Study On China’s Rural Land Expropriation Compensation Criterion Legal Issues

Land is the foundation of the broad masses of farmers to live in China, landless farmers will lose the basic life safeguard, and their life will change. At present, many rural land expropriation, but rural land expropriation compensation standard is low and exist for a long time, the problem of the landless peasants can’t get enough compensation, and they got this charge, and maintain the cost of living in a few years. In fact, their standard of living than land decreases before, this could cause the instability of social development. In order to solve this problem, the author use it as research direction, this paper is to through the study of this problem, hope for China’s legal system of rural land expropriation compensation standard contribute some Suggestions. This article starting from the basic theory of rural land expropriation compensation standard, the other major developed countries and our country Taiwan area’s land expropriation compensation standard, and they come to the enlightenment to our country compensation standard system, find out the problems existing in the current rural land expropriation compensation standard, finally, reference and combining our country’s economic situation, put forward suggestion to solve the rural land expropriation compensation standards. This article includes introduction, text and conclusion three parts.Besides preface and conclusion, this article is divided into four parts to discuss.The first part is theory analysis of rural land expropriation compensation standard. As a system of rural land expropriation compensation standard, the premise of constantly improve and improve the benign development of the land expropriation system has its important role,therefore, this chapter firstly introduces the connotation of land expropriation compensation,secondly discusses the meaning of rural land expropriation compensation standard and follow the three principles, finally introduced the rural land expropriation compensation standard and the relationship between land development rights. Through the above discussion, from the macro to our country legal system of rural land expropriation compensation standard for sure.The second part is the foreign(regional) investigation of land expropriation compensation standard and its revelation. Respectively investigates the four developed countries and our country Taiwan area’s land expropriation compensation standard, and then with the current rural land expropriation compensation standard, compared respectively generalizes the land expropriation compensation standard for the enlightenment of our country.The third part is the present situation of our rural land expropriation compensation standard and its existing problems. This chapter first describes the legislative status quo of China’s rural land expropriation compensation standard and practical situation, and thenthrough the discussion about the present situation of the current situation of legislation and practice, find out the problems.The fourth part is put forward to perfect our rural land expropriation compensation standard of legal advice. In this article the understanding of legal system of rural land expropriation compensation standard, then find out the method to solve the problem accordingly. As in the constitution to establish fair compensation principle, expand the scope of compensation standard, determine the appropriate land expropriation compensation standard, clear compensation, setting up land development right subject, we should improve the social security system for landless peasants, via the aspects of our national legal system of rural land expropriation compensation standard, safeguard the legitimate rights and interests of landless peasants.