Study On Collection Scope And Compensation Standard Of Rural Collective Land

Farmers petition frequently happen due to the insufficient rural collective land expropriation compensation. The land expropriation system reform is not only the key of land system reform in China, but also is a difficult problem. It has became the biggest obstacle to land expropriation system reform that how to determine the scope of "public interests" and compensation standard. The reasons of the obstacle are legislative technical problem, redistribution of vested interests and so on. In 2007, "Real Right Law of the People’s Republic of China" still avoided these two problems,which was expected by various circles of society. In 2011, the Chinese government issued “The State-owned Land on the Housing Acquisition and Compensation Ordinance”, in order to regulate the state-owned land expropriation compensation. However, the ordinance still has not been available which was used in collective land expropriation and compensation. The third plenary session of 18 further cleared land requisition system reform direction, which contained to narrow the scope of land requisition and achieve fair compensation in main points of the reform part. That enhanced the urgency of the two problems study.The thesis takes the rural collective land as the research object and holds collective land expropriation problem as the breakthrough point. First, the thesis will systematic analyze "public interests" definition of land expropriation system reform and compensation standard. Second,it will research related theory, refer China mainland experience and study local government the case of land requisition compensation. Third, it will put forward the ideas, which are suitable for the situation of our country, specific for scientific defining the scope of collective land expropriation. Then, it will clear the determination of fair compensation standard basis and principles. Finally, it will present different advices of collective land expropriation compensation standard problem, under the policy framework for the current system and the target in the future of land expropriation system reform.Research suggests that:(1)Public interests has broad and narrow sense,Hong Kong and Taiwan and foreign countries use two ways to define. The first way is public interests will completely rule out profit-making business project sites. The second way is administrative agencies or legislative bodies decide to expropriation which part of profit-making business land.( 2) The scope of collective land expropriation has a strong correlation with which compensation standard to be chosen. There is an important precondition to form the fair market value standard. The precondition is scientific define public interests and the scope of land requisition, then allow the collective business land directly entering land market.(3)Under our current land system and policy framework, China does not have appropriate market condition to realize fair market value standard, maintains living standard maybe is a more rational choice.(4)The collective land expropriation compensation is a special market. It will be biased to determine compensation standards only according to the original land use or best use. This kind of practice will difficult to balance fairness.(5)China policies set a lot of land expropriation compensation modes. The local government should be considering the local characteristics,flexible using these modes, even making a combination, trying to provide more modes. The finally choice is decided by landless peasants themselves.The thesis suggests, on the basis of scientific assessment of the primary use land value, appropriately considering land value-added produced by planning purposes change, but blindly increasing compensation standard may not be able to achieve each side satisfying result. There has a strong relationship between the formation of fair and reasonable compensation standard and collective construction land market openness degree.