Research On The Mechanism Of Land Requisition And Compensation

Land is the basic resource for survival and development of human being whose demand to land is rising progressively along with the development of economy and the increase of population and the upsurge of real estate industry. Rural land is the main backup resource of the construction land, and requisition of rural land is also the important approach of the acquisition of construction land. The Land Requisition and Compensation (LRC), which is a relief way due to damages to related parties by government, is the basic system that mediates the conflict between the related parties in the world. However, the problems emerged from lack of a set of perfect compensation system, such as, the scope of compensation is too narrow, standard of compensation is too low, and benefit distribution is unbalanced. According to the statistics, at present, the cases of appealing to the higher authorities for help on lands take 40 percent, hereinto, 60 percent refers to land requisition. Therefore, the deep research on system of LRC is necessary by borrowing the foreign experiences so as to perfect the system in our country.This paper introduces the mechanism of LRC of foreign countries such as USA, Canada, UK, Germany, France, Japan, and Korea from the view of practice based on the review of theory of LRC, and, the elicitation and ample experiences are accumulated. Then, the process of the formation and change in the system of LRC in our country is explored from the practical angle. The problems of mechanism of LRC occurred in China are elaborated after the retrospection of innovation and practice in some provinces such as Jiangsu, Shanghai and Zhejiang, for example, the principle of compensation is unclear, the quantity of compensation is too small, the method of computation is not scientific, the standard of compensation is random and inconsistent, the management of compensation fund is in chaos, the property right of compensation and ascription of related benefits is unclear, the degree of participation by public is not high, there is lack of transparency, supervision is not sound, the procedure of compensation is faulty. Thereafter, some ideas for solving the problems are brought forward, the principle of Full Compensation should be stipulated in national Constitution in accordance with borrowing the foreign advanced lawmaking experience and combining the national situation, the law should be made for the requisition of rural land and the compensation standard should be concrete based on the Constitution. The principle of Just Compensation may be a transition from the principle of Reasonable Compensation to the principle of Full Compensation. For the sake of the benefits of farmer and the building of our perfect land market, the LRC must be based on the market price and fair compensation must be carried out, the scope of compensation should be extended suitably and the item for compensation should be confirmed properly. Firstly, the right of land contract includes the occupancy and use and income to the land and partial disposition, which can be transferred and can be embodied in currency with value. Secondly, the object of the operation right of land contract is the land, which embodies the farmer's labor and investment that can't be taken back after the requisition of land. Thirdly, in the situation of the separation of the ownership and use's right, the person of the land contract operation right is the actual operator, land is the main material for production and guarantee for life. Reforming the system of LRC and increasing the compensation standard and setting up the scientific and fair organizations for land evaluation is necessary. The objective standard for land compensation will be formed by the diversification of the compensation method and social security and building of the land price evaluation organizations based on the land price. Stockholder's rights system of land should be established against the problem of income distribution of land requisition. The share of the land should be documented according to the amount of land contracted by farmer in the precondition of the steadiness of land contract policy. The share of stockholder should be changed in every some years in accordance with the population and the change of land in the period of land contract by changing the account except land. The compensation fee can be distributed according to the share of land after the requisition of land; it is fair and reasonable and benefits the agriculture production. In the judicial procedure, judicial review should be introduced into the mechanism of solving the dispute of LRC. In the administrative procedure, procedure of compensation in advance should be stipulated except compensation bulletin, compensation registration, public hearing, review, investigation, negotiation, compensation agreement and administrative disposal. The coordination should be made by the county government or higher government in accordance with the law when the dispute of land compensation fee is occurred, it will be judged by the government that approved the land requisition when coordination is not successful. The way of government as a referee falls short of the international tradition, which arbitration is made by the independent organization. The compensation should be implemented timely and sufficiently by strict supervision of the inspection mechanism. In the process of requisition of rural land and compensation, the civil liability and administrative liability and criminal liability must be assumed when the improper or illegal behaviors are occurred.