The Study On Land Expropriation System And Its Interest Mechanism In China

Land is the most basic element and the most basic life guarantee for farmers. Owing to the deficient in land expropriation system and unbalanced mechanism, the low compensating price has seriously impaired farmers' interest, aroused lots of mass clash accidents and severely influenced the economic development and social harmonious.The paper analyses the sources of the current deficiencies and disadvantages of land expropriation. Because of the unbalanced land expropriation system and the vague definition of public interest, most farmers can not have their voice heard and the government has gained a huge land price difference. The paper, according to the main relationship during the land expropriation, proposes reorganization of interest mechanism and puts forward some strategies of improving land expropriation system.1. Introduce the concept of Public Product to give a clear definition of public interest so as to limit the government's right of land expropriation and reduce land expropriation area. Land expropriation could be divided into whole public product and quasi public product.2. Land expropriation compensation should be regulated in accordance with market principle. The compensating price of the whole public product should be paid by the government according to the market negotiation, while the quasi public product by land users. The government will collect tax from the land profits.3. The paper puts forward the reorganization principle of interest demonstration and interest balance system. The aim of this principle is to protect farmers' interests and regulate government's land expropriation rights. Farmers should have the rights of knowing, participation and complaint during the land expropriation.4. Standardize the distribution proportion of compensation fees. If farmers can not have their contracted land adjusted or complimented after expropriation, they should get the compensating fees with the country collectivity in the proportion of seven to three. Social security system should be established for those farmers who lost their land.5. Accelerate the step of collective construction land using and reduce the managing land requirement. Collective construction land using should be brought into nation's legal system as early as possible. Rural collectivity and our country should have the same land, the same right and the same price.