On Agricultural Land Levy Compensation System

Our country is an agricultural country with 9 hundred million farmers. Land can provide the farmers with enough food and jobs. In recent years, as China's urbanization accelerates, the Chinese government requisites rural land frequently, resulting in a sharp increase in the number of landless farmers. Land expropriation and compensation has become a major problem that makes a huge impact on China's rural economic development and social stability. China's current farm land expropriation compensation system is a product of traditional planned economy. However, as the socialist market economy continues to develop, problems that lie in China's current expropriation and compensation system have become increasingly prominent: farm land owners'(mainly farmers) interest is constantly jeopardized, while social conflicts caused by land requisition proliferate. In our country, the fourth constitution revision passed during the second session of the tenth National people's Congress has modified a lot on the country's expropriation .Of the modifications, cases 3 in articleâ… was revised. The original declaration is"to meet the public benefit, the government on expropriate lands according to the correlative law."Now the revised one is"to meet the public benefits, the government can expropriate lands according to the correlative law and give some compensation."But as for the compensation standards, the current constitution does not specific demonstration. For example, the standard for compensation which the law on land management and correlative law give is unscientific, the compensation mode is too simple and the compensation procedure is not satisfying. But"constitution"actually only had stipulated as the fundamental law expropriates to the land must make compensates, lacks and expropriation compensate the principle the explicit stipulation. Land management law and the correlation law and regulations to the standing operating procedure which compensates are unscientific, compensate the way to the unitary, lack compensate the relief procedure the stipulation. Therefore, land expropriation compensation system remains a huge problem, and needs more in-depth research.Village land expropriation compensation system is an important law system in balancing, coordinating and solving village land expropriation compensation conflict .Practice shows that to solve the village land expropriation compensation problem has very important meaning to protect rights of farmers, and to construct a harmonious society. In this article, based on the introduction of the quandary brought forth by current land expropriation compensation system, the author attempts to do systematic and profound study in land expropriation system, and propose reasonable measures to improve China's expropriation and compensation system of agricultural land, in an effort to raise awareness of the necessity and urgency for a land expropriation compensation system reform. The essay is elaborated on the five parts:The first part is introduction.The second part introduces the quandary brought forth by the current land expropriation compensation system. This part of the article stems from the following three aspects: jeopardized interest of farmers whose land are expropriated, loss of arable land, and land market disorder. These facts provide a realistic basis for the arguments followed.The three part opens a discussion the on the current problems in China's Land Expropriation Compensation system. Specific analysis is given to deficiencies in compensation principles, compensation standards, compensation scope, compensation form, compensation subject, compensation procedures.The four part puts forward suggestions and measures of a sound system of land expropriation and compensation. This part elaborates on the following measures: development of a universal "Land Acquisition Act," clarification of the principle of land compensation for expropriation of agricultural land, improvement of agricultural land expropriation compensation, expansion of the scope of compensation for expropriation of agricultural land, enrichment in forms of farm land expropriation compensation, completion of agricultural land expropriation compensation procedures and improvement in the relief system of compensation for expropriation of agricultural.The five part is conclusion of the compensation issue in our country's land requisition system.