China's Land Expropriation Compensation Study

The land issue is an important problem which is always related with the farmers' life and rural social stability . China is undergoing social transition and the courtry, with several thousand years of agricultural civilization and the rural population of 700 million is in big stride in modernization. In many years to come, hundreds of millions of farmers will become urban residents. The expansion of the city need a lot of space, so the expropriation by Government to rural land is inevitable.However, due to various reasons, in the process of compensation for land expropriation, we have to concern many problems: the standard of land compensation is very low ,the compensation scope is relatively narrow and the single way of compensation,and so on.It is difficult to maintain the basic livelihood of these peasants, and after the transformation into urban residents ,the life of these peasants is differentiated and they are difficult to integrate into urban life; After setting the compensation standard, full and timely payment to farmers who have lost their land is also the more complex issue. The contradiction betwwen China's household registration system and land contract relation leads to the difficulties in access to compensation to the special people in rural areas; The lack in procedures for land compensation for expropriation is an important reason which results in so many problems in land compensation and the purpose of achiving entitative justice by procedure design can hadly be met. So far, the government has got large interests in the process of land expropriation with the "price scissors" between the land compensation to farmers and Land transfer fees from land developers,which leads to corruption in the land expropriation, as well as High house prices for which the residents can not afford housing in recent years, and other more serious social problems.The above-mentioned problems led to the serious violations to legitimate interests of the peasants, and even threaten their survival. Concern for farmers and the analysis, reflection and research on land expropriation compensation system contributed to this thesis.For research methods, this thesis focuses on the use of comparative law at home and abroad, logic analysis, data analysis, and when survey the issues, on refining the complex issues , address the key issues first.This thesis is divided into four parts: The first part is an overview of land compensation for expropriation, analysing the concept of compensation for expropriation, the theoretical basis as well as the principle of compensation; The second part analyses and summarizes the experiences in land compensation for expropriation of the Western developed countries and Hong Kong and Taiwan ; The third part discusses the main problems,affection,reasons in compensation standard,payment and prucedure in the process of land expropriation;The fourth part offers my proposals to these problems above.