A Study Of Land Expropriation And Land-losing Farmers

With the development of industrialization and urbanization, both the speed and quantity of land expropriation is increasing. From 1991 to 2005, China's land expropriation had been up to 50.84 million Chinese acres, in all of the land expropriation, 13.82% was expropriated from 1991 to 1995, 28.81% was expropriated from 1996 to 2000, 53.37% was expropriated from 2001 to 2005. The number of land-losing farmers is large, up to 2003, the total amount of land-losing farmers was about 40 million, it is said that the number will increase more than 2 million every year. The expert estimated that, with the expanding of land expropriation, this number may be achieved to 110 million in 2030. In China, there are many problems in land expropriation, which made the land-losing farmers can not maintain their former living standard. A part of farmers have not obtained reasonable compensating and properly placement, so that land-losing farmers have become a difficult community of"No farmland, no working station, no social security and no money". Land-losing farmers live in the edge of the city and the countryside, their life is extremely difficult. In recent years, the occurrences of land-losing farmers visit capital from countryside as a community are happened more and more frequent, became an important affect to our country's economical sustainable development and the society stability and unity. The research on land-losing farmers has instruction significance on the theory and the practice.Guided by the Marxism, based on large amount of data and land expropriation cases, conform to our country's national condition. This paper used abstract analysis and system analysis, the standard analysis and the empirical analysis, the macroscopic analysis and the microscopic analysis to seek solutions.The whole paper can be divided into five parts:The first part includes land expropriation and land-losing farmers summary. The study of academia mainly concentrated on two parts: Firstly, the land expropriation system is imperfect, it is necessary to reform the existing land expropriation system. Secondly, the government failed to settle land-losing farmers'problems, land-losing farmers have troubles in re-employment and social security. The problems of land-losing farmers have yet to be resolved, further research is needed to be done.The second part introduces the theoretical basis of land expropriation system. Land system theory, Marx's theory of rent and premium and land property rights theory are theoretical sources of China's land expropriation, only by correctly understanding and flexibility usage of these theories that the reform of China's land expropriation can be with the laws of economic development. After reviewed the evolution process of our country's land expropriation system, we can see that there are many flaws in it, namely, land expropriation for public interest is not clearly defined, expropriation compensation costs is low, the collective land property right is incomplete. The reform of the land expropriation system is behind the development of economic, therefore, the reform of the land expropriation system is imperative.The third part described land-losing farmers'present living situation. There are three major difficulties in it, namely, land-losing farmers'quality of life is reduced significant, they have troubles in re-employment and social security. Land expropriation involved in a large number of land-losing farmers, According to investigates, land-losing farmers'employment rate is low, majority of farmers are repelled of the social security system. Land-losing farmers'income is reduced, but the cost of living has gone up and up, this is the reason why the quality of life has declined markedly.The fourth part summarized the models of land-losing farmers'compensation and resettlement. After the model of monetary compensation is more and more unsuitable, local authority introduced many new models, some of them benefit local land-losing farmers. This paper introduced three kinds of models in details, namely, The Xianjia model, the Chongqing model and the Nanhai model.The fifth part is policy recommendations. In order to solute the difficulties exist in land-losing farmers, we can do something in the following way: firstly, reform the land expropriation system. 1.Establish explicit farmland subject to represents land property right , and entrusts it with integrity property right function, so that the subject can be on behalf of farmers'interest. Safeguard the legitimate rights and interests of farmers'in land expropriation, 2.Clearly defined the content and scope of land expropriation, 3. Raising the compensation standards, compensate the farmers according to the market value of land, and drafts the minimum compensation standard in the law. Secondly, strengthen governmental functions. Chinese law stipulates that the government has the responsibility and obligation to place land-losing farmers. Therefore, government should establish an integrated system of urban and rural, provide job training and employment information for land-losing farmers, and provide policy support for the farmers who start an undertaking. Then establish social security system. Finally, we should make full use of the models. There are many kinds of models about land-losing farmers'compensation and resettlement, but each kind of model has its scope of application. Xianjia model and Nanhai model are suitable to the suburb near cities and industrial areas. Chongqing model is suitable to the suburb far from cites and non-industrial areas. Local authority can apply appropriate model to solve the local problems.Our country's level of economic development is different. So that land-losing farmers'major difficulties and specific requirements are different also. This article holds that: resolving the problem of land-losing farmers should analyze specific issues. The state should draw up a comprehensive land expropriation Laws and regulations, give local authority full autonomy within the scope of the law. The local authority apply the models existence or innovative a new model, give local farmers the most appropriate compensation and placement. History shows that China's rural areas are the most dynamic areas and China's farmers are the most creative groups. Practice has proven that the place where use of the model successful, there lose land farmers have a higher level of compensation and resettlement. Therefore, we should fully mobilize farmers'and the local authority's enthusiasm, not only ensured the development of urbanization and industrialization, but also enabled farmers to share the fruits of economic development.