The Rural Land Expropriation And Compensation System In China

In recent years,China's urbanization process has accelerated.Because the state-owned land has been unable to meet the demand of city construction,China has been expropriating rural collective land on a large scale,and there are a series of social problems that can t be overlooked.The basic theory of land expropriation is divergent,my dissertation has tried to obtain the definition of rural land expropriation and compensation—that is "Land expropriation is the transfer of the state through administrative behavior of the specific ownership of land paid to another subject,its essence is through the intervention of state power of compulsory purchase of land,its legitimate purpose is the public interest".Then has listed the history of rural land expropriation compensation system by analyzing National Construction Land Requisition Procedures published in 1953 and 1958,National Construction Land Acquisition Regulations published in 1982,Land Management Law published in 1984 and 1998.And I tried to interpret the characteristics of the rural land expropriation compensation.In the chapter 3,I have analyzed the status of China's rural land expropriation compensation system and obtain these problems:no clear lying the define of "public interest",the principle of compensation is unreasonable,compensation standard is low,and the compensation range is narrow,compensation for expropriation procedures are not standardized and the lack of strong related dispute settlement mechanism.These problems will result in a negative impact on China's livelihood of the people and the government image.In the chapter 4,I will put forward the legal countermeasures and suggestions according to the problems of land expropriation compensation.First the law should define the "public interest",and the procedure for the determination and supervision of the "public interest"should be established.In order to be long-term survival and development of farmers,should clear the "living city adaptation" principle based on fair compensation.Reform of the existing land to GDP multiples of the land acquisition compensation standards,so that farmers can enjoy a certain land value-added benefits.At the same time,should define the scope of land requisition and expropriation,we should establish "Necessary Compensation "and "Supplementary Compensation" system,give the farmers opportunity to choose supplementary compensation according to their actual situation and needs.In the actual distribution of land expropriation compensation power rent-seeking is inevitable,to improve the allocation of land compensation mechanism is imminent.In the final relief procedure,I suggest that the procedure of mediation and adjudication should be clearly defined,and the neutral third party decision making mechanism should be established to deal with the land requisition compensation procedure.From the basic theory to the practice,this paper tries to put forward some countermeasures according to the problems,and I believe that there will be some reference value to the problems in the practice of land expropriation compensation in the future.