Research On Chinese Legal Problem Of Land Expropriation Compensation

Along with rapid development of economy and urbanization, more and more farm lands need to be transformed to constructive land by land expropriation. While along with the establishment and improvement of market economy , the existing land expropriation system becomes incompatible gradually. especially, the land compensation issue is very conspicuous. Therefore, to research the question of land expropriation and explore a reasonable land compensation mechanism is very urgent. This paper attempts to explore a suitable land expropriation compensation mechanism for the development of China's socialist economy by a systematic and thorough research on the legal problem of Chinese land expropriation compensation. That will provide some suggestions for the reform of the system of land expropriation .Based on the theory and practice , the paper compare and analysis the legislation and practice of abroad and point out that for the current land expropriation compensation, the most important thing is to protect the rights and interests of farmers, and to balance the interests of land between the related groups in the distribution. Land expropriation is necessary for the public interest. All construction is strictly limited in the scope of the land planning. It is not allowed to be randomly breakthrough . To reform and improve the mechanism of the land expropriation compensation ,we need to clear the principle of just and due process in the legislation and practice , to expand the scope of compensation appropriately and to formulate reasonable standards, explore variety of ways of compensation and resettlement of peasants while building sound the social security system . In addition, we need to improve the procedures of the land expropriation compensation timely and improve the administrative and judicial procedures to protect e legitimate rights and interests of farmers...