Compensation For Land Expropriation Legal System Research

At present, the land issue has become a public issue of great concern. Because the compensation system of land expropriation is directly related to the benefit protection of the people imposed, how to solve the problem effectively through designing and arranging the law system has become the key priority. Based on the clarification of basic concepts such as land expropriation and compensation, by comparing with the institutions of other related countries and studying the institutional changes in China since the people's republic of China set up, the paper explores the rules of reconstructing the institution to provide some possible programs for the resolution of current problems in China .There are four parts consisted as followings:Chapter one is about"The related theories about the legal system for land expropriation compensation". In the first period, With the basic conceptions about the legal system for land expropriation compensation being a starting point, we define the conceptions of the expropriation compensation and some related , and then the nature of the land expropriation compensation. And in the second period , from the aspects of both public law and private law. We amplify the legal basis of the land expropriation compensation, we say, the principle of equal protection of property rights. In the third period, we analyze the three principles of the land expropriation compensation: the principle of complete compensation , the principle of incomplete compensation and the principle of appropriate compensation.Chapter two is about"The institutional comparison with some other countries and regions about the compensation system of land expropriation".This chapter is based on the research of the land expropriation institution of some region such as Japan, Germany, America and Taiwan Area. The institutions about expropriation procedure and scope and the way of compensation are analyzed. With the intention to compare with and figure out the different coping mechanisms and value orientations, I would like to use their experiences for reference.Chapter three is "the institutional change of the compensation law of land expropriation since the founding of the new China". This chapter divides the compensation law system of land expropriation into two periods in the order of time, which is the year of 1949 to the year of 1978,and another is the year 1978 until now. Based on the descriptive of the institutional change ,I have made some comment on the current compensation system of land expropriation, and then figure out the reasons of it.Chapter four is"The institutional construction of China's compensation law system of land expropriation". The first paragraph of the chapter is about the improvement of the system of land expropriation. The measures are as follows: to accept the complete compensation principle , to consummate the procedure of land expropriation, to expand the compensation range, to explore the compensation programs with great diversity and vitality, to build up the social insurance system oriented to these farmers who lost their land and so on .The second paragraph makes recommendations on the complementary of the procedure, The third paragraph set the point on the body of right and its configuration of organization .This chapter is aimed at the construction of the system, providing a feasible plan and solving problems in actual life.