How to equally share incremental benefit during land expropriation that is a realistic problem which puzzled Chinese legal sources for academic and for professional, and that is a political problem which concerns social fair, justice, harmonious and stabilization. Under the existing system of land expropriation in our country, all governments basically get all incremental benefit during land expropriation through forcing to make use of the power of planning land and the power of examine and approve agricultural land turns to land for construction. But farmers only get a small quantity of compensation. They have not the right of discourse and participation during allotting incremental benefit of land. On the basis of getting clear the source of incremental benefit of land, we analyse the actuality and problems of incremental benefit during land expropriation, and offer some imaginable proposals about fairly allotting incremental benefit of land. There are four parts.Part one: summary of the case and drawing forth problems. Through citing the individual case that Yanshan University levied 473 mu cropland of western Houdao country for extending project, we try to illuminate the unfair problems during allotting incremental benefit of land expropriation. And we briefly introduce the references and the researching content and methods in this paper.Part two: Theoretically research into incremental benefit of land expropriation. On the basis of defining incremental benefit of land, we divide the source of land increment into supply and demand, investment and use of land transformation, and remark the argument of the two theories about allotting incremental benefit between rising in price for country and rising in price for farmers, and specifically clarify the idea of allotting incremental benefit of land expropriation according to the source of increment.Part three: The actuality of incremental benefit of land. We deeply analyse and review the actuality and problems of allotting incremental benefit during land expropriation from the defect of the system of land expropriation and compensation and the governments'double capacities under threefold angles of view.Part four: legal countermeasures of equitable sharing incremental benefit of land. We comparatively analysis the strong and weak points of several methods of allotting incremental benefit of land, then summarize that we should follow to ensure farmers'basic survival right and right of development, to give consideration to balance of interests, to participate in allocation according to contribution and to make a distinction between public interest and productiveness. Finally, we offer the idea of several methods of allotting incremental benefit of land, such as combining one-off compensation and sustained compensation, participating in allocation according to contribution and making a distinction between public interest and productiveness and so on different compensation standards. |