Study On Improving China's Land Expropriation Compensation System

As a non-renewable resource, land is not only the natural resource for man's existence and development, but also the huge gains can bring by rational utilization. Therefore, most countries in the world have to establish their own land management system, in which Land expropriation plays an important component part.In fact, land expropriation process is the rights' transfer process, the transfer out of the land must be given the right to compensation. Reasonable compensation is the core of land expropriation, which involves the interests of ownership, manifests the division and the transformation of land right between the different people,, as well as an important form of the wealth distribution. Land expropriation compensation is a common coordination of land expropriation between private interest and the public welfare.The growing of China's industrialization and urbanization, the existing system of land expropriation and unreasonable delay, caused by a variety of serious social consequences: the massive loss of arable land, the irrational use or idle of land, the deterioration of environment, the increase of landless peasants, the frequently groups petitioning, and so on. Thus, we need to do some research in land expropriation and seek out the just compensation. the author attempts to do a systematic and profound study in land expropriation system exploring a kind of impartial compensation standard, rational compensation measures, proper procedure and effective relief approach in the hope of seeking out the appropriate compensation measures suited to economic development of our country, and providing some suggestions for the reform of our land expropriation system.This thesis consists of 5 parts, in the first introduction part, the author makes a glance over the land use in our country bringing out the important issue of land expropriation compensation. Chapter 1 is concerned with the concept of land expropriation compensation, the legal characteristic and constituents as well as the legal analysis. Chapter 2 deals with the argument of the land expropriation compensation applying related theories. Chapter 3 deal with the practice of land expropriation compensation in other countries or areas, it provides some experiences for us. Chapter 4 is concerned with the shortcomings of the principles, range, standard, measures, procedure and relief as well as the proposals of the corresponding strategies for improvement. The last part is worked on some important issues in the land expropriation compensation, such as public interest.