The Research On Compensation System And Insurance Mechanism For Land Expropriation In China

After a careful review and detailed evaluation of the land expropriation compensation, a lot of problems exist and should be taken immediate reformation in our present land expropriation compensation.Through a theoretical sum up of land expropriation compensation in foreign countries, it is found that the land expropriation compensation should be based on the land market price. In addition, the land expropriation compensation in China is different from other countries in that the duality policy of city and country separation makes the government give land compensation to the farmers and provide social insurance for them as well. This paper summarized the reformation experience which benefits the land expropriation compensation reformation throughout the country. Also this paper put forward suggestions and the scheme in land expropriation compensation policy and analyzes the difficulty in practice.The land expropriation compensation policy should follow the principle of equity and justice. In the present the reformation methods are as follows: (1) Improve resettlement grants measurement methods in actual receipts compensation for farmers, the social security function fully reflect the value of agricultural land, the capital of financial capital for fanners to replace the social security function. According lost peasants freelances features, from the pension insurance unemployment insurance and medical insurance to calculate the expropriation of land three social security value. With the model calculations, "University Park" area expropriated land value of social security. (2) Increase land acquisition compensation standards, reform land acquisition compensation fee calculation method proposed by "a combination of factors Act" substitute the existing "multiple output law." (3) Adjustment of the distribution and use of land acquisition compensation, economic compensation, job placement, venture capital, and social security in various forms of compensation to replace one-time monetary compensation. (4) Introduction of rural land requisition compensation allocation regulations or rules, and regulate distribution. Of course there exists some difficulty in implementing the suggestions put forward in this paper, such as: (l)Resettlement grants measurement methods for the implementation of resettlement compensation can provide reference for the actual land acquisition process for farmers compensation. However, because the practical need for a detailed investigation of the family farmers, and therefore need the government to implement substantial human, material and financial resources. (2) After enhances drafts the compensation standard to be able tovacillate respectively drafts gains the side huge profit, the reform resistance is bigger. (3) As the compensation mode of giving construction land to farmers lacks the law support, the farmers' right can not be ensured.