Compensation System Study

As industrialization and urbanization speed up in China, large areas of agricultural land have turned into construction sites. Come with the trend emerges a new social group—the landless farmers. These farmers, who lose the traditional identity as farmers, are excluded from the circle of city residents as well and thus unable to enjoy social welfare. As complaint letters on land issues avalanche and extreme cases on land controversy take place from time to time, problems on the dangling group aggravated as their living standard declines. However, the cause of this problem should not be attributed to the natural defect of the urbanization but the incompleteness of the Land Compensation System. The current system, shaping in the planning economy period, has obvious administrative feature. The compensation, instead of bringing affluence to the farmers, forces more out of land and job; instead of narrowing the gap between the countryside and the city, enlarges the social unfairness and solidified the existing differences between the two, making the problem of consistent development of city-countryside dual-structure economy even harder to solve. Therefore, it is of vital significance to discuss the establishment of a fair, reasonable and legal Land-imposing compensation system to protect the legal right of the landless farmers on the way to build up a harmonious socialist society.Measures discussed in this paper include the following: 1. lift compensation standard, widen the compensation scope and adopt different compensation methods in accordance with geographic location. 2. strictly follow the land compensation procedure. 3. improve compensation methods. The first chapter of this paper presents the reasons of why selecting the topic and what the significance is, the status quo of domestic and overseas legislation studies and the content of the paper. The second chapter explicates relative concepts and basic theories to clear away theoretical obstacles for the improvement of the compensation system, put forward a system value aims at protecting basic rights of landless farmers and boosting social harmony and stability. The third chapter introduces current compensation standard, scope and method from entity prospective and puts forward tentative ways for problem solving and improvement. The forth chapter, from procedure perspective, introduces the current land compensation system procedures. Comparing with the advanced foreign experiences and taking account of the nation's reality, this chapter tentatively put forth a rearrangement. The fifth chapter introduces ways of compensation and the focus falls on the administrative reconsideration and administrative litigation. To merit China's land compensation system, this chapter also discusses Agriculture Land Tribunal, a relatively successful foreign example.