The Existing Problems And The Countermeasure Study About Yubei Land Expropriation

The existing problems of Chinese land expropriation policy has become focal point,discussing hotspot and difficulty of policy reform and consummation, which all social circles pay attention to widely. Because the quality of Chinese land expropriation policy directly affects the social long-term stability and vital benefits of farmers who are expropriated lands. The central and local government has carried on certain degree reform and consummation about the existing problems of land expropriating policy at each economic and social developing period, but has not jumped out the circle of discussing the land expropriating standard by existing standard,whereas cannot dig out the reasons and analyze the questions from the root of land expropriating contradiction. This paper pays attention to this point and takes YuBei district of ChongQing as an example where there are poignant land expropriating contradiction and great quantity expropriating lands placing at city and countryside intersection. This paper studies the evolution of executing land expropriating policy and the principles, suggestions and problems that exists in land expropriation of YuBei district with the practical work.Based on actual situation, this paper found find out the problems, such as the ambiguity of public interest's connotation confirming on the land expropriating purpose, nonstandard land expropriating procedure, low standard and narrow range of the compensation for land expropriation, lack of social security on the farmers who are expropriated lands, overmuch local policy limits and overmuch implementing main body of land expropriation that has resulted in differing policy implement bringing about social contradiction. This paper exerts the theories about land expropriation and gives some ameliorating advices. Firstly, the Chinese government should be clear about the purpose of land expropriation isn't limited in narrow sense of public interest and so long as lands can be expropriated for urban construction. Secondly, the Chinese government should establish a land expropriating procedure that is from land expropriating pre-impartation, entrusting the farmers'enough participation right and hearing power to judicial relief. As disposable boosting compensating standard, the government should build up the safeguard fund policy for long-term profits of farmers who are expropriated lands, and abandon policy-type difference for being shared by all the farmers who are expropriated lands. Finally, the government should gradually consummate the accessing policy of leading cadres, place the land-losing farmers in multi-channel, enhance the legal system construction, unify implementing main body, reinforce the land register and define the land property right.In conclusion, if the government wants to resolve the problems of land expropriating policy, the government must establish the consummating policy that starts with digging out the reasons from the root of land expropriating contradiction, is based on respecting the collective land property right of farmers and is on the purpose of safeguarding the long-term profits of farmers who are expropriated lands.