China's Land Expropriation Compensation Allocation Of Legal Research

Land is the most fundamental working object and business dement, soprotecting peasants' land fights is a very important aspect of protecting peasants'rights and interests. In recent years, along with the speed of industrialization andurbanization of China constantly quickened, a plenty of rural collective landchange into the national land by expropriation. Land expropriation is a kind ofland policy widely adopted by many countries in the world. The current landexpropriation policy in China was formed in planned economy, which, at thattime, exerted positive effects on the national economy. However, with thedevelopment of socialist market economy, its internal and external drawbacksgradually came out in the wash. Social contradictions resulting from landexpropriation have occurred, especially those serious problems in terms ofdecreasing living standards and unemployment of the farmers, which affectedthe long-term stability of the society and eventually hindered the establishment ofa harmonious society. Among in various aspects question during the process ofland expropriation, the compensation of is a core issue. It is also a focal pointwhich is paid attention and is being blamed; simultaneously it will be a difficultyproblem of our country's present system reform. This article namely focus on theland compensation distribution problem existed in the process of landexpropriation in our country, in the meanwhile it analysis the causes for thesedrawbacks. On a basis of this, the paper proposed the corresponding reformsuggestion to perfect recent land compensation distribution mechanism, with thehope that it can better protect the rights and interests of general farmers andmaintain social stability.This article includes four parts:The first part is introduction. In this part the paper summarily proposed thequestion that this article plans to solve and the practical significance of this study.The second part is the theory inspection about land expropriation and landexpropriation compensation, which lay a theoretic foundation for the study. In this part, the main content about land expropriation is the concept and characterof land expropriation and the main social and economic reason of expropriatingland. The main content about land expropriation compensation is the concept ofland expropriation compensation, some basic theory of land expropriationcompensation and the economic character of land expropriation compensation.In the third part, this paper lay emphasis on the main drawbacks andproblems during the process of land compensates distributions. The mainproblems are that the government takes part in the distribution of compensationfee of land expropriation, the rights and benefits of farmers who lost their landcan not be protected and there isn't a perfect procedure during the process ofcompensation fee distribution. Then this paper explores the main causes for thesedrawbacks and problems, which include that there isn't an effective supervisionof government, the host of our country land is not definite and there isn't aseparate compensation to those farmers who use the land but later lose the land.In the last part, on the basis of previous discussion, the paper discussed howto perfect the land expropriation compensation distribution mechanism. Firstly, itproposed the idea to constructs a new model of land compensates distribution.And then discussed the corresponding necessary measure which should be adoptto perfect land compensation distribution mechanism, which covered thefollowing items: making clear the main body of property rights the collectiveland in rural areas, regulating the execution of the right of land expropriation,establishing Land expropriation procedures based on faimess, openness, andjustice, etc.