Study On Compensation For Land Expropriation In Highway Construction

Expropriation of rural land has played a significant role in ensuring the process of urbanization. And the problem that land expropriation has bad influence on landless peasants'living and production has been greatly concerned. As a result, many scholars are studying on problems of compensation for land expropriation, such as studies on flaws of land requisition system, how to perfect the theory of compensation, formulation of reasonable compensation standards, methods of compensation, payment and management of compensation funds, etc. As for projects of highway, the study about compensation for land is concerned in operational level, for example, the study about the methods of compensation, payment and management of compensation funds, and so on. Studies on compensation theory, studies about formulation of compensation standard are few. Because highway is commonweal, people have accepted the regulations of compensation for land expropriation, although a large number of landless farmers in reality are living in worse conditions, have no stable source of income and social security, per capita land reduced substantially, etc.In this paper, compensation for land expropriation is linked to characteristics of socio-economic effects of highway. And theory of"differential compensation"based on"thinking model of humanistic economics"is put forward, and compensation for land expropriation in highway construction is analyzed in both theoretic and operational level. Because of the function of passageways in concentrating and diffusing, in a long period of time, the socio-economic effects that highway has on the areas along it will be in different intensity. Therefore, theory of"differential compensation"is particularly suitable for highway construction. That is, landless peasants living in the area of weaker radiation should be given higher compensation for land expropriation, because they will have little opportunity of gaining advantages; peasants living in the passageways and the region of stronger radiation should be given lower compensation. In this way, the gap of living standards among the landless peasants using traditional compensation standards for land will be reduced. By distinguishing the different degree that farmers or peasants depend on their lands, different methods(not single monetary compensation) to compensate and resettle the peasants will be used. In this way, interests, livelihoods and long-term sustainable development of the landless peasants can be protected.Discussion on standards of"differential compensation"is based on the analysis of the multiple functions of land to farmers, the value of land, full consideration on the survival cost of landless peasants. Compensation standard of regions that highway has little effect can be formulated along this. On the basis of such analysis, the point of view that other areas'compensation for land along highway should founded on the principle of utility equity.