The Study Of The System Of Collective Land Expropriation Compensation

Collective-owned land acquisition compensation system is the purpose of the national public interest based on collective-owned land to be given fair and reasonable compensation for those who sign a series of related systems. With the rapid economic development of our society, the acceleration of urbanization process, the collective-owned land acquisition is inevitable.For social and public interests, the state can levy the land, in order to add the overall increase social benefits, but the land must be compensated. The Constitution expressly provides that the inviolability of private property in land expropriation and violation of private property by those who sign must therefore be restored due to land acquisition and suffered the loss of the necessary compensation. Today, in the collective-owned land acquisition process, there are many problems .For example: Many local governments for their own interests, to "public interest" under the guise of, abuse of public power wantonly collective land; The current scope of collective land acquisition compensation is narrow and the amount of compensation is low; Land acquisition compensation payments can not be full and timely payment of the levy in the hands of other issues. Therefore, for these problems, I think we should explicitly the principle of fair compensation as compensation to expand the scope of compensation, market price as the standard of compensation for land expropriation.This article includes three parts, introduction, text, conclusion.Text is divided into six parts:PartⅠ: The case of collective-owned land acquisition compensation triggered Law. First, through the introduction of three cases, therefore leads to the collective-owned land acquisition compensation system. These reflections include the principle of compensation for expropriation, scope, standards and methods and other aspects.PartⅡ: The current situation and existing problems of the system of collective-owned land acquisition compensation. Introduces the system of collective land acquisition compensation legislative situation, and then combined with the lack of China's practice of collective-owned land acquisition compensation system.PartⅢ: The basis of the theory of collective-owned land acquisition compensation. The theory of compensation for expropriation is based on the premise of the land acquisition compensation. . For the theoretical basis of the doctrine of land compensation are vested rights theory, Grace Theory, Theory of fair burden, Theory of social functions, Expropriation theory, Land utility theory and Special sacrifice theory. In the analysis of the various theories, the author says that should be special sacrifice and fair burden that, as of the theoretical basis of land acquisition compensation.PartⅣ: The principle of collective-owned land acquisition compensation. This section describes in detail the principle of full compensation, uncompleted compensation principle and the principle of fair compensation, after analysis of these principles, the author chooses principle of fair compensation as the principle of land compensation.PartⅤ: The scope of collective-owned land acquisition compensation and methods. As the scope of compensation and compensation methods are closely connected, these will be discussed in the two parts together. The scope of land requisition compensation settlement is what the make up, make up and how to fill the number of problems in the way of compensation, which focused on monetary compensation and other compensation.PartⅥ: Improving the system of collective-owned land acquisition compensation proposal. This section focused on legislation and practice problems, That the first principle of fair compensation should be the collective land acquisition compensation as the basic principles of the system. Second, we must expand the scope of collective land acquisition compensation, and market trading price as the standard compensation for land expropriation. Finally, we need to enrich our way of compensation for land expropriation.