The Study On Conflict Of Interests In Land Expropriation For City Construction

With the developments of society and economy, urbanizationis booming and few state-owned lands for construction can'tmeet the need of city construction, so it is inevitable toexpropriate rural lands by the state to meet the needs of socialand economical developments. Because land trade is prohibitedin China and the state monopolizes the first market of lands,the compensation for land expropriation is not the real landvalue. So in the course of land expropriation, it causesinterest conflicts, including mainly the conflicts between thestate and collective farmers, collective farmers and personalfarmers. From the rural land property right, the interests ofexpropriation and the root of interest conflicts, this paperdemonstrates the problem of interest conflicts in landexpropriation for city construction. As for the rural landproperty right, the present system has been formed in a longtime, but it has some shortcomings such as the ambiguous mainbody of ownership and the incomplete land property rights,which cause the existence of interest conflicts in the landexpropriation for city construction. As for the interests ofexpropriation and the root of interest conflicts, in theprocess of land expropriation, the state, collective farmersand personal farmers take part in the allotment of interestsand when their respective demands are not met, the conflictswill take place. They are mainly that the state injured thebenefits of collective farmers in the ways of extensiveexpropriation and low compensation, and expropriating at a lowprice and selling at a high price, and that the village cadrescut back the personal farmers' benefits in the name ofcollectivity. Interest conflicts result from the irrationalityof interest forms, that is, the difference of main body statuses,the loss of participant rights of expropriation and theirrationality of expropriation interest distribution. As for legal benefits of expropriated peasants, this paperthinks that in the course of city construction, it is necessaryto improve their living levels in efficiency and justice inaccordance with social and economical developments of the state.So, combined with the actuality, this paper puts forward someadvice on benefit coordination in this way combined witheconomy, conception and system, providing a reference to thesettlement of interest conflicts in land expropriation for cityconstruction.