Research On The System Dilemma And Governance Of Rural Land Acquisition Compensation

The land expropriation system refers to the conduct that the state expropriates the land by means of compensation according to certain code of conduct under certain historical context to meet the demand of public interests.This kind of government conduct is based on the legal procedure of the state,and after the conduct,the ownership of the land has been transferred from the collective to the state.The rural land expropriation compensation system is one of the cores of rural land circulation,and it is also an important part in the practice of the rural revitalization strategy,which relates to the realization of land interests of land-expropriated farmers.Scholars in China have systematically demonstrated the land expropriation system,means and relevant compensation standards in order to lay a theoretical foundation for the practice of land expropriation,but few researches have been done based on the actual investigation data.Most foreign scholars have studied land expropriation compensation around the property right system,the emphasis of which lies in the building of empirical and quantitative models that can verify the performance of land expropriation compensation and improve existing policies.Combing the existing research literature at home and abroad,this paper analyzes the concepts of land expropriation,land expropriation compensation principle and so on,briefly describes the property rights theory of the new institutional economics,sorts out the rural land expropriation compensation systems of developed country and regions,analyzes their internal excellent experience and enlightenment,reviews the development of rural land expropriation compensation system under the background of planned economy,market economy and new situation in China,and explains its development logic from such dimensions as principle,method,standard,scope,and procedure.A questionnaire is designed on the system difficulty of current rural land expropriation compensation and its governance problems.An on-site investigation is carried out on the rural land expropriation compensation system and its problems in recent years in Fushan District of Yantai City,which mainly focuses on such aspects as land expropriation,distribution of compensation,housing resettlement and living security.It is found in the investigation that there are many problems,such as non-transparent land expropriation policy,low satisfaction of farmers,unfair distribution of compensation,and imperfect judicial relief.Based on the investigation conclusion and from the perspective of humanism,this paper puts forward the reform principles and governance measures of rural land expropriation compensation system: the first is to improve relevant laws and regulations on actively caring for vulnerable groups and design reasonable land expropriation procedures;the second is to take the initiative to provide protection for farmers,and earnestly respect their right to profit,right to participate,right to know and property rights in the process of land expropriation and compensation;and the third is to create a good environment for the introduction of Land Expropriation Compensation Law,build a mechanism to participate in and supervise land expropriation compensation,and improve the land property right system,income distribution system,and rural social security system.