A Study On The System Of Village Land Expropriation Compensation

As a big agriculture country and the most villager-populated country, China village land is vital to farmers'and country benefit. With the development of society, village land expropriation compensation- a problem in"three issues concerning agriculture, countryside and farmers", has drawn high attention from the society and nation. Village land expropriation compensation, city house breaking and unemployment have become the three hotspot issues in modern China. For the time being, some places speed up urbanization process for many benefit actuation, they aimlessly set up development zones, industry garden, which take up village land and spread without restriction. Therefore, on one hand, it leads to no-land-farmer problem. Especially under the present situation of more employment pressure and social security system morbidity, these farmers are termed vividly as"three-nothing-farmer"- a new group-in-difficult, they become more and more disadvantaged and social contradiction becomes more and more acute. However, week agriculture, week farmers and underdeveloped villages have always been problems neglected by China administrative law field.There are many malpractices in China village land expropriation compensation system: lack of constitutional basis in land expropriation compensation principle; limited compensation coverage, low compensation standard, and unspecific compensation standard in some places; old compensation mode, un-effective compensation granting ,serious brokerage and corruption phenomenon; the present land expropriation procedure is basically an internal procedure, farmers have nearly no speech right ,and land expropriation legislation is too abstract on land expropriation arbitration, which often lead to un-solved dispute, the farmers who lost their land has no where to go to bring a lawsuit.Village land expropriation compensation system is an important law system in coordinating, balancing and solving village land expropriation compensation conflict and meanwhile, a very complicated system project. Practice shows that to solve the village land expropriation compensation problem has very important meaning to construct the country, realize the social public benefit, protect rights of village collective economy organization and farmers, and to construct a harmonious society.Every country in the world has built a mature land expropriation compensation system, which has a high status in each country's administrative compensation system, and they are similar in many ways, but have their own characteristics, and utilize our village land expropriation compensation work.The main body is divided into four chapters to dwell on the village land expropriation compensation system besides the introduction and concluding remark.Chapter one: Basic knowledge of village land expropriation compensation. First the connotation of village land expropriation and village land expropriation compensation is defined; then their characteristics and meaning is analyzed; then the historical source and course and development in China of village land expropriation compensation is introduced; then the knowledge basis is explained; and at the end the public interest condition of village land expropriation compensation is explained.Chapter two: Land expropriation compensation practice and experience in foreign countries. This chapter includes:1,analysis on the principle of foreign land expropriation compensation principle;2,comparative analysis on basic constituents of land expropriation compensation; 3,comparative analysis of village land expropriation compensation procedure.Chapter three: Present situation and problems of China village land expropriation compensation. This chapter analyses the present situation and shortcomings of China village land expropriation compensation from five aspects as principle, scope, standard, mode and procedure.Chapter four: Counter-measure on how to construct and perfect China village land expropriation compensation. This chapter raises counter-measure on how to construct and perfect China village land expropriation compensation as follows: update ideology; set up clearly compensation principle in constitution; enlarge compensation scope and raise compensation standard, and stipulate clearly compensation standard of other land except arable land; realize compensation way diversification; reform compensation fees distribution and management; perfect compensation procedure.