Research Of Compensation And Allocation In The Process Of The Land Expropriation In China's Market Economy

On the basis of land property right theory, this dissertation has investigated and researched some collected datum with normative analysis method, and has systematically and deeply analyzed the problems of compensation and allocation in the process of land expropriation, in order to establish a reasonable effective mechanism, which may solve these problems appropriately in market economy. The purpose of the research hopes that it can provide some ways to solve these problems for leaders of all levels of government departments, protect these losed-land fanners' legal rights and interests, develop land expropriation successfully, develop our economy, speed up china's urbanization, maintain the country and society stability and protect limited land resources.Firstly, the dissertation elaborates the background and confirms the theme based on those problems of land expropriation. In the second chapter, some relevant conceptions about compensation and allocation in the process of land expropriation are confined. Land property right theory is elaborated for the following study. In the third chapter, the principle, content, criterion and mode of compensation and allocation in internal and external are compared. In the fourth chapter, the problems of compensation and allocation in the process of land expropriation are elaborated, which not only influence rural and social stabilization, development of land expropriation and course of industrialization and urbanization, but also go against protecting land resource and ensuring the food security. The research has analyzed that the unreasonable causes of compensation and allocation are system limitation, ambiguous property right and faultiness of government management. In the fifth chapter, from the point of view of land property right, mechanisms that solve those problems of losed-land farmers' compensation and allocation are designed. Finally, reforms of currently land expropriation system in market economy and creation of compensation and allocation mechanism are discussed. Some conclusions and policy suggestions are as follows:1 Main conclusions(1) To clear up the subject of rural land property rights is key to resolve the problems of compensation and allocation in the process of land expropriation.In the condition of market economy, land, as a kind of resource and asset, requires explicit subject of property rights and forms. It doesn't realize how to compensate and allocate for farmers who lost lands by expropriation until the rural land property rights are defined. It is the most important to clear rural land property rights for establishing appropriate compensation and allocation mode. Intensifying rural land contract & management rights can not only help to separate ownership form land using rights on the user or owner layer, but also can adjust rural land property rights trade and compensation and allocation to suit the development of market economy. This accords with the basic rule of the development of rural land property rights system.(2) The inevitable trend, which china's land expropriation system reforms develop, is sufficient...