A Study Of The Land Requisition Compensation Issue

With the acceleration of the urbanization and rapid development of market economy in our country, a great deal of collectively-owned rural lands has been requisite at a yearly-increasing rate. The price has been soaring while the land requisition system remains unchanged. Many farmers who have lost their lands are experiencing a fall rather than a rise in their living standard, resulting in lots of social problems among which the most prominent one is the issue of compensation for the requisited land. There exist many problems in the current government behavior of land requisition and the way to compensate the farmers who have lost their lands, including the over extension of the land requisition scope, the over low land compensation, the confusion existing in the distribution of the requisited land compensation, and the difficulty in arrangement of the farmers who have lost their lands. All these problems have caused the loss of the life guarantee of the farmers to such an extent that they frequently hold protest and appeal to the higher authorities and the paradox in the rural area tends to escalate. The issues of land and farmers have become a hotspot arousing widespread concerns from all walks of life.In order to make the rural development more stable, push forward the rural reform and the modernization, and build a harmonious society, it is very urgent to improve the existing land requisition system. Because the existing land compensation system failed to consider the market principle of fairness, the land requisition standard can not match the development of the market economy and can not ensure the right and interests of the farmers. Meanwhile, whether the involving farmers can be reasonably compensated and properly arranged relates some major social issues of increasing the agricultural production, increasing farmers income, and rural areas stability, which will directly affect the process of urbanization. Therefore, it seems very urgent to study the issue of land requisition and seek for just compensation.This paper attempts to make a systematic study of the land requisition issues in our country and give some suggestions on the issues concerning the scope of land requisition, the procedure of land requisition, the manner of land requisition, the arrangement of the involving farmers and the distribution & management of the land compensation fees. On the problems existing in the current land requisition compensation, this paper focuses on proposing the totally new land requisition standard based on market price comprising the content of land price, land fixtures, farmland development right price and loss of splitting the farmland. The proposed standard attempts to maintain lawful rights and interests of the involving farmers and guarantee the smooth implementation of national construction project.From the perspective of legislature, a land requisition compensation law should be made as soon as possible which will make everything concerning land requisition legal,constrain right and obligation of the land-requisition party, and protect the interests of the property owners.Reform and implementation of land requisition system is a complex process. While we learn the experience in terms of land requisition from the developed countries, we should summarize and analyze the existing problems in this regard. It is sure that big progress will be made in the land requisition compensation system through the joint efforts by relevant government organs and academicians.