Discuss China Rural Land Acquisition Compensation System Reform

Land acquisition is to show the country for public interest, in accordance with procedures prescribed by law and approval authority will collective land into state-owned land, and shall give the land expropriated rural collective and individual reasonable compensation and resettlement of legal act properly. Compensation for land requisition should be levied after the land acquisition, land owners the right to obtain the original value of the land consistent with the compensation. Land acquisition compensation system is the core of land expropriation system, relations with the farmers whose land is requisitioned land realization of the benefits. While China's current land acquisition compensation standard of compensation system is low, unreasonable distribution of compensation, the compensation scoping unscientific, unjust compensation procedures, compensation and other benefits through a lack of many problems, a serious infringement of the peasants on the land should have legitimate interests. Reforming the current land compensation system has been imperative.In this paper, in order to protect the interests of the farmers perspective, to take empirical method, analysis, induction, comparative law research methods in the compensation system for land expropriation in China the status quo, based on the analysis of the problem, discusses the reform of land expropriation compensation for property theoretical foundation and realistic basis, combined with the study of foreign legislation, proposed the establishment of a legislative idea which is especially for land acquisition compensation with protecting the interests of farmers as the core.In addition to the introduction and conclusions of this paper, the total is divided into five parts:First, China's Land acquisition compensation system and the status quo and problems. My collection mainly analyzes the status and problems of the compensation system, and reveals the current land acquisition compensation system on the root causes of damage to the interests of farmers, the rural collective land ownership of the main clearance lead to virtually no right of the main rural land, land-use right of the main in the lack of land acquisition compensation system, leading to the farmers without due compensation; compensate for the lack of relief programs leading to the farmers after the rights have been infringed no effective means of relief. To indicate that the Land acquisition compensation system entities to enact unreasonable and procedures, the lack of legislation led to an important factor in damage to the interests of farmers.Second, the land acquisition compensation for property rights reform of the system theoretical basis. Mainly from the legal characteristics of land acquisition analysis, pointing out that land acquisition is a property changes in behavior, application of the principles of property law. There is land acquisition of land ownership, usufruct and other property rights, land rights of various types of property affected by changes in application of property acquisition and property following the equal protection theory. The author pointed out the features of the acquisition compensation system under the guidance of property rights theory. As the State acquits the land property rights, usufructuary right is also involved. As a result, the usufructuary right should be compensated equally, and to some extent, they should focus on protecting the interests of farmers, as the weak. The purpose of the reconstruction of our land requisition compensation system provides the basis on property law.Thirdly, China's land acquisition compensation system reform basis in reality. Particularly in the context of national policy, administrative regulations, departmental rules and regulations as well as a comprehensive analysis of local legislative reform of China's land acquisition, land compensation on raising standards and implement a variety of avenues of redress, regulate the allocation of land compensation and respect for the farmers autonomy to resolve land disputes, etc. has been carried out on the original land requisition compensation system a breakthrough. Especially, different region has developed multiple compensation methods, which are in line with our nation situation, as useful supplement to the monetary compensation method. Designed to explain the reconstruction of China's land acquisition compensation system already has a basis in reality.Fourth, other countries and special administrative region(SAR) regions of the land acquisition compensation system and the Enlightenment. With focused observation and analysis on the land acquisition compensation system in the United States, Germany, Britain, and China's Taiwan region, the author reveal that other countries and Taiwan region improve the protection for persons being charged in the land acquisition compensation system by improving the substantive law of due process and reasonable legislation. The author attempts to provide a wide range to useful reference for the improvement of land expropriation compensate legislation in China's.Fifth, the legislative idea for China's land acquisition compensation reform. As legal principles, China's current land acquisition system, relevant laws and regulations of the land acquisition system, can hardly be specific land guidance for acquisition compensation. It is necessary to establish a specialized Land Acquisition Compensation Act at the national level with protecting the interests of farmers as the core. The legislation to build should serve two purposes: One: clear the contents of the substantive law of the land requisition compensation, so that compensation for land requisition of land for farmers to reflect the existence and value of social security. Second: a clear procedural law, the contents of the land requisition compensation to the proper procedures to regulate and supervise the conduct of the government. Aimed at creating physical and procedural legislation unified land requisition compensation system in order to achieve the purpose of effectively safeguarding the interests of farmers.The innovation of this paper is:The usage of a large number of empirical analysis in the arguing, especially in the legislative building of land requisition compensation standards, compensation means and allocation process. For example, first in-depth analysis is applied to provinces undergoing land acquisition reform like Guangdong, Jiangsu, Shanghai, Fujian, Shanxi, Beijing, Guizhou and Hei Longjiang. Second, comparative analysis is applied in a overall comparison and analysis between the current comprehensive land piece evaluation method and the incremental value method. And finally, detailed study is conducted on effective models in China's current practice of compensation and resettlement, such as "land for land", the "land swap" and "exchange land for social security". All these analysis are closely related to protection of the interests of farmers and lead to the legislative proposals of building a specialized acquisition compensation law, which is of a certain degree of practical significance for our country, which is pursuing land reform and land administration law revision.