On The Defects And Perfection Of Our Country's Land Requisition Compensation System

Our country is an agricultural country with 9 hundred million farmers. Land can provide the farmers with enough food and jobs. With the rapid development of economy and urbanization, more and more farmlands need to be transformed to constructive lands by land requisition .When levying the farmers' collective-owned land, the government should protect the farmers' lawful right and interest, ensure the farmers living standard not to go down. Our land requisition system was brought forth in the period of planned economy, and many conditions have been changed, but the land requisition system still remains the same, while along with the establishment and improvement of market economy, the present land requisition system becomes incompatible gradually, so this leads to many difficulties of the land requisition, of which the compensation problem is the most prominent. At present, there are lots of problems in land requisition by governments and measures of compensation and settlements for the farmers who lost their land, such as the confusion of land range, compensation, cost distribution and the settlements of the farmers. These problems caused the serious waste of lands, a significant increase in cases of land visit and the farmers' living cannot be guaranteed which influenced the stability of the society. Therefore, it's urgent to establish a sound land requisition system to speed up the development of the economy, enhance the revitalization of the economy and guarantee the constructive lands for economy.The author wants to do a systematic and profound study in land requisition system exploring a kind of impartial compensation standard, rational compensation measures, proper compensation procedure and effective relief approach though the comparison and analyses of foreign compensation systems for land requisition and using for reference a lot from the experiences of foreign nations in the hope of seeking out the appropriate compensation measures suited to economic development of our country, and providing some suggestions for the reform of our land requisition system. At the same time, to explore the establishment of a reasonable, fair land compensation system for our stability and building a harmonious society is of great significance.The thesis consists of five parts. The first part is the introduction. Part 2 is concerned with the concept of land requisition compensation, the legal characteristic as well as the legal analysis. Part 3 deals with the history of land requisition compensation and the constitution foundation of land requisition compensation, and analyses the shortcomings of the principles, range standard, measures, procedure and relief. Part 4 deals with the legislative practice of land requisition compensation in some other typical countries such as U.S., Britain, Canada, and Japan. It also provides some experiences for our country, giving the proposals of the corresponding strategies for improvement. At the same time, it explores how to protect the land-lost farmers' rights. The Part 5 is the conclusion of the compensation issue in our country's land requisition system.