The Land Expropriational Compensation System For The Reservoir Resettlement In Our Country

The system to compensate the reservoir resettlement for their loss of land is an important part of the system to compensate the requisition of land in our country. It is a systems engineering to compensate them for requisition of land and help them settle down, for it is not only an economic problem, but also an important social question. At the same time, the government should provide the economic compensation and many preferential policies as well as follow-up support. But in fact, lots of disputes still arise when the government arrange for the resettlement, which focus on how to protect the property rights. More and more lawsuits will arise as the reform of the socialist marketing economy is deepened further and citizen straighten their sense of civil rights. So it sets a new and important task for environmental laws on how to design a reasonable requisition of land compensating system to protect the civil property rights in our present laws system. The provision to protect the citizens'legal private property rights is provided for by the Constitution Amendment in 2004, which enlarges citizens'private property from individual means of life to means of production. And this will surely cause a series of changes in the composition of rights of compensation of requisition of land and the relieving means offered by laws. As for the compensating standard, on the basis of adhering to analysing the component parts of compensation of requisition of land, keeping the value stand of public interest embodied in the present Constitution and Administrative law and utilizing the principles tested by practice in the constitutional countries comprehensively. the institution of compensating standard should be regulated from the point of public interest to accord with the spirit of protecting civil basic rights provided for by our Constitution and apply with our country's practical financial and material resources. The construction of water conservancy project is significant for the development of our national economy, which is public-welfare infrastructure construction specially supported by our government and can create economic benefit as well as immense social benefit which can not merely be valued by currency. So the question on how to settle down and compensate the resettlement from the reservoir area concerns not only the construction of water conservancy project but also the social steadiness in reservoir area, which all domestic and overseas governments pay more attention to. Thus, to make a perfect system to settle down and compensate the reservoir resettlement is the core and key step, while how to protect the resettlement's profit and legal rights should be taken seriously too. The system to settle down and compensate the reservoir resettlement concerns the citizens'basic rights and the national or social public benefits, so how to find the very equilibrium point between the two sides is the key to designing this system. In the thesis ,the writer will try to consummate the system of settling down and compensating the reservoir resettlement by taking the following measures: emphasis on the privacy of citizens'rights; making reasonable use of the public benefit's influence on compensating standard to restrict or deprive rights by setting the principle of justifiable procedure; the mechanism formulated to ensure the public's participation in making the compensating standard; reforms of the judicial relief as well as the follow-up support and setting up the social security system .