Study Of Rural Land Expropriation Compensation Legal Issues

With the development of city, rural land will be occupied by city; peasants will lose their land because of Land Requisition. That is, farmers are usually under-compensated; relocation programmers for farmers are insufficient; the rate of the employment of landless-farmers is low; and their social rights are failure to protect. Disadvantages appeared in Land Requisition System made more and more peasants lose in hot water. So, it is urgent to legislate to protect peasants whose land were and will be requisitioned by state. The article will discuss how to establish legal system to protect peasants' rights.The article, almost 30,000 words, is divided into four parts, it's logical is Present, Problem, Reason, and Measure.Part I: It rationally analyze the definition and the characteristic of "Land Requisition System" ,and also focuses on the history of the land legal system for requisitioned.Part II: Describe what problem happened in the process of land requisitioned and explain in detail about the existing legislation defects in land acquisition, such as, indefinite scope of requisition, low standard of compensation, tardy payment of compensation fees, irrational distribution of land profit, and unorganized order of requisition they all exist in the practice and legal systems.Part III: The reason for the status. It is not occasional to appear the phenomenon mentioned above, it is the result that several ingredients work. It has academic root, economic root, institution root and jurally root.Part IV: Basis on the analysis of the Land Requisition System, the author suggests establish a new legal system to protect peasants' rights —" the law of the land acquisition compensation", it clouding that improve the land acquisition process to make it "open and fair", basing on a principal of "sound social security satisfy the loss of farmland," has a law-aid system, in which farmers enjoy the right to know, and set up reform the land estate, entitling an important role to the rural collective land estate ,and meanwhile, empowering farmers the rights in occupation, land-use, profit, handing, and transferring.