Research On Compensation And Resettlement For Land-expropriated Farmers

China is a big developing agricultural country. Land is the most important part of farming and livelihood security of farmers. Industrialization and urbanization are the only way to eliminate urban-rural structure and realize modernization. As the promotion of industrialization and urbanization, mass of agricultural land became non-agricultural with a result of many farmers losing their land. However, because of the lagging land acquisition system reform, large amount of land-expropriated farmers, and relatively low compensation and resettlement fee, and as well as the ineffective resettlement for land-expropriated farmers, the poor re-employment ability of land-expropriated farmers, incomplete social security system, many land-expropriated farmers turn to vulnerable groups with no land, no job and no social security. The problems of land-expropriated farmers have turned to be important factors affecting the national economic development and social security, as well as hot issues concerned by the society.How to compensate and resettle land-expropriated farmers reasonably, how to solve their surviving and developing problems practically according to the design and implementation of relevant policy system, and how to protect land-expropriated farmers'rights and interests effectively, are the hot focuses on solving"three agricultural problems", the important issues influencing rural social stability and rural development as well as the realization of China's modernization.Guiding by the compensation and settlement theory of land-expropriated farmers, basing on the comparison of the practices of land-expropriated farmers compensation and resettlement both at home and abroad, this paper studies deeply the main problems of land-expropriated farmers in current China, and makes empirical analysis on a series of practical compensation and resettlement exploitation of Shandong Province. Based on the above-mentioned analysis, the author has raised a systematic design of compensation and resettlement for land-expropriated farmers in China and proposed a set of policies and measures.The paper is divided into seven chapters as follows:The first chapter is the introduction which explains the research background, purpose and meaning, briefs on the study trends both at home and abroad, and clarifies the research guidelines, methods and the possible innovations.The second chapter is the theory concerning the compensation and resettlement for land-expropriated farmers, which deeply analyzes the compensation and resettlement theory for land-expropriated farmers land rent theory, and recognizes such theories as land lease theory, land price appraising theory, the theory of the game on land expropriation, administrative rent-seeking theory, and sustainable livelihoods theory are the guidelines to help solve the problems concerning land-expropriated farmers in practice. At the same time, it analyzes respectively the theories in terms of the guiding functions of the compensation and settlement for land-expropriated farmers.The third chapter is the learning from the experiences of compensating and resettling the land-expropriated farmers both at home and abroad. This chapter compares land-expropriated farmers'compensation and resettlement systems and compensation systems of land expropriation in the developed countries, summarizes the inspirations for our country to solve the compensation and resettlement for land-expropriated farmers:1.Strictly controlling land expropriation and protecting the maximum arable land; 2. Only can the state expropriate the land; 3. The land expropiation should be for public purposes; 4. Setting multiple compensation standards in accordiance to market principles; 5.Establishing and improving land expropriation procedures so as to make the expropiation legal and orderly; 6. Establishing arbitration organizations handling land disputes. Based on the analysis of the flaws and their causes of the compensation and allocation of land-expropriated farmers, the author emphasizes on summing up the practices of the compensation and resettlement for land-expropriated farmers across the country, including the model of resettlement with retained land, the model of property development, the model of leasing houses, the model of equity dividend, the model of land and bank, the model of exchanging social security with land, the comprehensive model of the trinity, unemployment protection model, pension model, minimum livlihood model and employment promotion model.The fourth chapter is the analysis of the major problems resulting from of land expropriation. This chapter deeply analyzes the issues such as identity conversion, employment and compensation which are caused by land expropriation and their causes.1.The slow conversion of farmers'identity after their land is expropriated. Many land-expropriated farmers have turned to be actural non-farmers after their land has been expropiated, while their identities are still farmers. The unclear identities make it difficult for them to enjoy the same benefits as urban residents in terms of social security, education and fundamental facilities.2. The land-expropriated farmers have difficulties in respect of reemployment. Because most of the land-expropriated farmers have less education and and lack skills, it is difficult for them to get reemployment. As matter of fact, for most land-expropriated farmers, land loss means unemployment. It is very easy to cause social stability issues because of lack of money for their livlihood.3. Low compensation for land-expropriated farmers. Many issues such as contradiction between expenditure and income, heavy expenditure of medicare and education, and aimless investment.4. The research on the reasons for land-expropriated farmers'issues. The reasons for the issues in terms of indentity conversion, employment, and compensation income for land-expropriated farmers can be analysed in the following six parts: (1) Land-expropriated farmers'interests can not be protected because of the unclear land expropriation concept, uncertain scope and purpose for land expropriation. (2)The compensation prices for the land expropriated are not reasonable, and farmers'interests are damaged because the government compensate the land according to appropriate compensation principle rather than the market trading prices. (3) The resettlement for land-expropriated farmers is incomplete. The resettlement with money is the main method. Plus, local governments have tried some auxiliary resettlement measures including resettlement with social security, resettlement with retained land, resettlement with employment and resettlemnt with agricultural production. The auxiliary resettlement measures play an important role in solving the livelyhood of land-expropriated farmers, while some problems still exist, for example, auxiliary resettlement measures replace the money compensation for land-expropriated farmers. (4) The land use control system is not complete so that the land wasting took place. (5) The abuse of the right to expropriate the land due to incomplete land circulation system and land trading mechanism cannot help control the land scope for construction and protection of arable land,and protect the interest of land-expropriate farmers. (6) The interests for rural collectives and farmers have not been protected by law and their losses have not been compensated due to incomplete law and regulations for land expropriation.The fifth chapter is the empirical analysis of the compensation and resettlement for the land-expropriated farmers---the practical exploration in Shandong Province. This chapter takes Shandong Province as the example to analyze the practices made to solve the problems resulting from urban expansion, which concern the compensation and resettlement for land-expropriated farmers. Large differences in terms of locations and economic development exist among different regions in Shandong Province which is a major agricultural and populous province. The author thinks that many practices made by Shandong Province to compensate and resettle the land-expropriated farmers are worth expanding. The practices mainly include six respects as consolidating the land acquisition standards, multiple methods to resettle the land-expropriated farmers; establishment of basic life security system; increase of compensation standard and establishment of the Land Acquisition Swap Capital system; resettlement for the land-expropriated farmers by implementing resettlement policies, establishing new suburban residences and building major villages; reemployment arrangement for land-expropriated farmers; the smooth identity transformation from farmers to urban citizen; guiding the land-expropriated farmers to invest their compensation income and to expand their income sources.The sixth chapter is the overall strategy of the compensation and resettlement for land-expropriated farmers. In this chapter, the author thinks that the compensation and resettlement for land-expropriated farmers is a comprehensive project which needs system innovation and systematic design, raises the guidelines and principles of the compensation and resettlement for land-expropriated farmers, proposes the governments at all levels to be responsible for the compensation and resettlement for land-expropriated farmers, urges the governments to transform their concepts, to define and limit the right to acquire farmland and supervise the whole process of land acquisition so as to assure the governments to play their functions. The author also proposes that the Sustainable Livelihood for land-expropriated farmers is the basic aim in terms of the compensation and resettlement for land-expropriated farmers and the policy frame design to realize the aim. The policy frame mainly includes four parts as follows: building equitable and reasonable land acquisition and resettlement system to guarantee enough compensation; guiding the farmers to make full use of the compensation capital for the long run; guiding and helping the farmers to transform their occupations smoothly; and establish good and complete social security system for land-expropriated farmers in advance. The seventh chapter is the policy and measure for the compensation and resettlement for land-expropriated farmers. The author proposes the workable and specific measures to solve the problems existing in the matter of compensating and resettling the land-expropriated farmers, which include modification and improvement of land acquisition and compensation system, improvement of collective land ownership in rural areas, optimization of land expropriation and compensation mechanism, guide and help of the land-expropriated farmers to engage in asset operation, encouragement of the land-expropriated farmers'transformation to non-agricultural areas, and establishment of comprehensive social security mechanism.The possible innovations are as follows:1. Sustainable livelihood proposed in the paper is the important content and parts in the process of China's urbanization and industrialization.The relation between the land-expropriated farmers and cities is not just land supply and demand. Land-expropriated farmers should be the important participants. The Sustainable Livelihood realized during the process of urbanization and industrialization is the important content and parts urbanization and industrialization and the prerequisite to test whether the urbanization and industrialization is developed healthily or not. The Sustainable Livelihood is to help the land-expropriated farmers to continue their living and development, to finish the occupation transformation from agricultural production to non-agricultural production and the identity transformation from peasants to urban citizens, to realize the well combination among the land-expropriated farmers, cities and industry.2. The proposition of allowing land-expropriated farmers to take part in the benefit distribution of land value increment so as to guarantee the legal rights of land-expropriated farmersThe author proposes that land-expropriated farmers should be allowed to take part in the benefit distribution of land value increment on the basis of scientific and reasonable land appreciation, and makes use of the theories concerned to design the workable benefit distribution model of land value increment in practice, from which the quantitative benefit distribution of land value increment results.3. Distinction between nonprofit and non-public welfare purpose of land acquisition, implementation of different land compensation and resettlement criteria.The dissertation thinks that we should strictly differentiate two different land acquisition acts between public interests and non-public interests in accordance with the purpose of the different land acquisition to take different land compensation and resettlement criteria. For non-public welfare land acquisition, land compensation and resettlement criteria should be ascertained by negotiation between individual farmers or collective and land use units based on the market price and full compensation for the principle.