A Study Of Distributing The Uneared Increment From Farmland Expropriated By Government With Justice In China

In this paper, the value of agricultural land and agricultural land is transferred to the non-agricultural land resulting from the value of the land. China's current land use control system and the land requisition system so that the government monopoly of land conversion market, thus monopoly of the high value-added agricultural land naturally. Land by the government and the farmers have lost their land is acquired meager land requisition compensation, This right was originally owned agricultural land property rights of farmers is unjust. Such an unfair distribution of benefits pattern produced a number of serious social problems. First, the government of agricultural monopoly the value-added natural, the government vulnerable to the spread of corruption and abuse of land expropriation. Secondly, the government of the right to requisition the abuse had occurred because of the levy instead of land, land resources are idle, wasting phenomenon. Third, the government of the land requisition power abuse, but also the appearance of a large and hang upside down in urban and rural areas, between the groups of landless peasants, for the community of sowing the seeds of instability. Third, the government of agricultural value-added natural monopoly, not to stimulate the land of farmers to avoid losses caused by land requisition and privately, offense to be agricultural land for nonagricultural of behavior. This is not only our land-use macro-control into out-of-state, but will also affect the economic future of the health and coordinated development. Obviously, the solution to these problems lies : breaking the current government for the value of agricultural land and the interests of exclusive distribution model, the reconstruction of a new fair, the reasonable value of agricultural land and distribution model. That is the purpose of this paper and significance. To address this natural value-added agricultural fair distribution of the academic issues into the prevalence of the natural agricultural land at fair value Distribution of the two theories : Source decision to the value of agricultural land value theory and the distribution of property to the value of agricultural land decision allocation theory. In the "value-added source of decision theory," an in-depth analysis, the author believes the traditional right of farmers to natural sources of value-added, Whether it is "value radiation theory" or "agricultural land is the external economic reflected that" are not enough to solve agricultural fair distribution of natural value problems. Therefore, the authors of the article to the natural growth of agricultural sources of a new understanding : agricultural land natural source of value-added investors to the land owners or land use rights were transferable, the future of agricultural land for non-agricultural development from the part of the proceeds. This part of the proceeds of its abstract property rights embodied in the land, in fact, refers to the agricultural land to development. Whether the use of "value-added decision theory," or "property rights decision" to solve the natural value-added agricultural fair allocation. Finally can be attributed to agricultural land development rights on the ownership issue. Since China has not established agricultural development system, I think China's agricultural development rights to build the system should uphold the right of public harmony with the concept of privacy. Specifically : countries in the agricultural development of the necessary restrictions on the right, under the premise of agricultural land development rights belong to the farmers. At the end of the article, the author also of agricultural land in China following the establishment of the right to development. and the value of agricultural land distribution of the specific proposals put forward. Specific contents are : national and collective rural community should reasonable distribution, collective and rural peasants should be the reasonable distribution of fertilizer among farmers should be reasonable distribution.