On The Principle Of Fair Compensation In Land Expropriation

With the acceleration of the process of industrialization, land as a scarce resource becomes more and more important. As China's urbanization markedly accelerated, a large amount of land was expropriated. At the same time, the number of landless peasants and the corresponding social issues are increasing. Farmers lost their land, and it means they lose their source of income and sources of livelihood. In the practice of land expropriation, the majority of landless peasants are not reasonable compensation, which led to the conflicts between the government and farmers. Therefore land expropriation disputes become the most important factor that threatens the social tranquilization and harmonization of countryside. To some extent, it damage the government's image and credibility.One of the most important reasons for the land expropriation disputes is the unfair land expropriation compensation, and its deep-seated reason is that China's land expropriation legal system is imperfect. The Constitution does not specify the principle of land expropriation compensation, which led to the shortcomings of the range, standard, measures, procedure and relief .The establishment of the principle of fair compensation for land expropriation, can resolve the contradiction between the norms. In the ambiguities of legal norms, the principle of fair compensation is the benchmark of the legal interpretation. In the loopholes of the law, the principle of fair compensation will serve as a loophole complementary role .It also can regulate the operation of the power of land expropriation. In some difficult cases, we can improve the reasons for the judgment legitimacy with the principle of fair compensation.Based on the analyses of foreign and our country's compensation systems for land expropriation, this thesis is divided into six parts to study the principle of fair compensation in land expropriation.The first part is the introduction. Part II is concerned with the interpretation of the principle of fair compensation in land expropriation. The interpretation is based on the historic reviews of land expropriation systems at home and abroad. Almost every democratic constitutional country formulates the principle of fair compensation. The value and the function of the fair compensation principle are also analyzed in this part. Through the analysis the author pointed out that the principle of fair compensation should be used as basis of the land expropriation legal system. Part III is concerned with how to design the land expropriation systems under the principle of fair compensation. The analysis focuses on how to design the compensation standards, how to arrange the procedures of land expropriation compensation and under what circumstances should be given compensation. Part IV is concerned with the status of the principle of fair compensation in China's land expropriation legal system. The analysis focuses on the compensation standards, the allocation of land expropriation compensation and the procedures of land expropriation compensation. Part V points out the means by which the principle of fair compensation is realized in China's land expropriation legal system. It is necessary to reconstruct the China's land expropriation legal system to satisfy the requirements of the principle of fair compensation. Part VI is the conclusion.In the process of industrialization and urbanization, the majority of landless peasants not only lost their land, but also lost the basic livelihood guarantee rights. We must consider the living conditions of landless peasants. Fair compensation given to farmers is necessary. The principle of fair compensation is a basic principle in the land expropriation legal system. The establishment of the principle of fair compensation for land expropriation could protect the farmers' lawful right and interest, and this will be conductive to the realization of a harmonious society in rural areas.