The System Changes Is The Protection Of Fair And Reasonable Land Expropriation Process

Along with our country urbanization advancement's quickening, land expropriation already became one kind of very universal act of government, but because our country's land expropriation system is imperfect, the government and the countryside Basic-level organization participates in the land-levying in the process even the frequently struggle working as main body compensatory payment assignment. The government levies farmer's land is generally take as"the public interest", in fact there are a lot of the land has been taken after for-profit construction projects, it brings the benefit must be higher than many compared to the agricultural using, the profit which after the land is changed use, creates to turn over to the developer and the government all, but the farmer is in the land expropriation process by the expropriator, farmer's basic life is threaten, because our country's each system does not improve, therefore, if wants to change our country's land collection present situation which creates, only then transforms the present systems to be able fundamentally to solve the problem. This article take the system vicissitude theory, the land compensatory theory as a foundation, elaborated our country's land collection system , the government administration system and the countryside Basic-level organization's management system three aspects exist the flaw as well as solves the question countermeasure, and in view of our country countryside land-levying compensation question's present situation, proposed one kind of new land management system - - farmland stock cooperation system, is advantageous in safeguards farmer's legitimate rights and interests.Firstly, the analysis of our country current land collection system's flaw, including the low land-levying compensation standard , and cannot fundamentally safeguard farmer's basic life; The land property right main body is not explicit, the land income distribution is unreasonable; The land expropriation compensation way is unitary as well as in the land expropriation procedure exists each kind of question. In view of these questions must establish the reasonable land collection compensation mechanism, enhances the compensatory payment, consummates the land-levying compensation aspect the legislation, the standard land-levying procedure, simultaneously we must impel the land-levying compensation way to the diverse development, and safeguards farmer's basic life.Secondly, elaborating the government function aspect has the problem in the land-levying process, some Local governments expands the public interest the scope, abuses the land rights. In the land transaction, the government according to the farmland price land-levying, sells according to the market price , earns the price dropping variance. Simultaneously because the land-levying process is not transparent, the governments often have the safety strip behavior. Solving these question ways to have suggested that the government only acts as the intermediary in the land-levying process, does not participate in the land-levying compensation expense the assignment; Establishes an independent land appraisal department, take the market land price as the basis, carries on the appraisal to the land; The perfect government authority keeps in balance the mechanism , the limit government's authority.Thirdly, the countryside Basic-level organization also has the serious problem in the land-levying process. some of our country's countryside's Basic-level organization own hand in the authority making absolute, has frequently the function"the dislocation","the offside"the phenomenon; The land compensation ownership is unclear, numerous main body share benefit; Simultaneously the farmer also lacks the independent consciousness, lacks the effective surveillance to the countryside Basic-level organization's behavior. If we solve these problems, must establish restrains the countryside Basic-level organization behavior the democratic supervision mechanism and keeps in balance the mechanism; Strengthens the democracy construction, the carrying out open government ; The transformation Basic-level organization's management function , approaches"ministrant"by"the management"the transformation.Finally, proposed one kind of new land management system---- the Rural Share Cooperation System its further defined property right relations, have realized the collective property inflation-proofing and appreciation; The land property right monetization, has safeguarded the farmer present's long-term income ; Has limited the government and the countryside Basic-level organization's authority, the genuine master who the farmer becomes the land. But this kind of management system is at the initial development phase, but also many need to consummate the place, we must develop it as soon as possible, benefits for the farmers.