On China's Rural Land Levy Compensation System And Its Perfect

Collecting is the main way to meet public requirements in any country since human being came out. Collecting is necessary and compulsory because government can not get the required products for special public purpose by the market mechanism.Collecting comes with compensation because collecting is just a business in substance. The two parties in one business should pay corresponding price. Although it's compulsory, the people who turn over to the state must be compensated fairly for the property loss at market price. The only difference is the way for compensation.Collecting land tax in the countryside is a compulsory behavior of the state. The compensation for land tax is a basic system to coordinate the conflict of private interests and public interests in land tax collecting. The compensation systems for land tax collecting are different in each country, but the majority of countries agree that fair compensation is the basic principle and necessary condition for collecting.In our country, the former compensation system for land tax collecting came into being under the traditional planned economy. Now, under the market economy, this former system departs from the law of market economy.The defect of our former compensation system appears more and more clearer along with the socialist market system is being perfected progressively in our country.The social contradiction caused by collecting has already become a big obstacle of harmonious society.This thesis analyzes the defect of our former compensation system about compensation limits, compensation standard, compensation ways, compensation principle and distribution principle of income from compensation. It also uses the theory and practice of compensation for collecting of other countries for reference.It raises theoretical base and system framework of compensation for collecting in our country. Meanwhile, it uses foreign advanced theory for reference and analyzes the reasons which cause the above problems and summarize which aspects of our compensation system for collecting should be perfected. The complete compensation principle should be adopted. Our compensation limits of the land in our countryside should be expanded. We should base on the market price, raise compensation standard, enrich compensation ways for land collecting in our countryside, and let the distribution of compensation for land be perfected.At the end of this thesis, it raises some ways to solve the above problems considering the fact in our country. One point is to propose to modify the managing law of land by the State Council. The second point is to draw up an independent law for compensation for land collecting. The third is to perfect examination system, define the direct effect of constitution.