A Study Of Land Expropriation In The Process Of Urbanization

In the past 20 years, the rapid development of China's economy has accelerated the process of urbanization, which has led to the great inflation of urban land demands. In this course, large amounts of rural collective ownership land have been expropriated. Because of the defect of the current land expropriation system, farmers' rights and interests are being aggressed upon constantly in the course of land expropriation. Then a series of social problems are being produced, which will seriously influence the stability of the Chinese society. The land expropriation problem has already become the focus that the Chinese governments and the people pay close attention to at present.Based on the careful literature study and investigation on the spot, this paper systematically analyses the land expropriation problems existed in the process of urbanization and their causes. The paper points out that the basic reason that causes these problems is that land expropriation system built in the times of planned economy and agricultural land tenure are incompatible with the market economy system. At present stage, the land expropriation problems are mainly expressed in four aspects such as abuse of eminent domain, unreasonable compensation for land expropriation, procedure of land expropriation and the life guarantee of the farmers expropriated of their land.Through the contrast and study on the overseas land expropriation system, the summary of the recent reform practice of land expropriation system in China and the experiences that the author gained from the study on the compensation policy for land expropriation in Gutingshan Development Zone, Liuzhou City, the paper puts forward to the two-stage strategy. The first stage is called transitional stage, the goal of which is that within one or two years or so, maintain the current policy frame, raise the compensation level for land expropriation to the maximum extent, Strengthen the supervision of government and society, guarantee that the procedure of land expropriation is just and transparent, put an end to the action that hold back the compensation for land expropriation, take all kinds of ways to compensate and help settle down the farmers, and Settle farmer's basic life and existence guarantee well conscientiously so that most farmer's living standards will not be reduced because of land expropriation. The second stage is called finally goal, which is to study on land expropriation system in all its bearings according to the demand of market economy system within three years or so. Specifically, according to the demand of market economy system, further definite and standardize the property right system of rural land, stabilize property right of rural land, vest farmers with a long-term right of land contract, materialization farmer's right of use, and set up the unified construction land right of use trade market between urban and rural areas under the control of urban planning and uses of land by the governments. Two different kinds of land demands should be strictly distinguished. If it aims at public interests, the eminent domain can be used, but the compensation should be based on the market fair principle. Other land demands can only be satisfied through the land market.