Study On China's Rural Land Expropriation Compensation Law

With the continuous development of our economy and society, the pace of urbanization is faster and faster, more and more rural land is being expropriated. It also means that there are a growing number of landless farmers become no land, no job, no social security, their subsequent survival and livelihood security become a problem. In recent years, disputes and events arising from land expropriation are complex, which is related to the most vital interests of farmers and social harmony and stability. So the construction and perfection of this system is particularly important and becomes a universal concern issue. So in the view of the protection of peasants'interests, it proposes some views and suggestions to reform and improve the land expropriation and compensation system.In addition to the preface and conclusion, this article includes three parts.Part one is to describe characteristics and concept of land expropriation, characteristics and concept of compensation for land expropriation, analyze nature of land expropriation compensation, describe the theoretical basis of land expropriation compensation.Part two is to analyze some problems about land expropriation and compensation. First, it analyzes some problems about China's current rural land expropriation , These problems contain the public interest is not clearly defined,'public interests'is abused ,as well as the existing procedural program is imperfect; Then, reveals the problems about expropriation compensation such as unclear compensation principles, low compensation standard, narrow compensation range, single compensation method, inequitable compensation, and the compensated body is not grid , distribution compensation is not in place, relief program isn't perfect.Part three is based on the analysis of the academic research results and the experience from abroad. First of all, for the land acquisition problems, it proposes to rely on the legislative, executive, and judicial organs of the different functions of the division of labor to define "public interest" more reasonable, to improve notice, hearings and other procedures to improve and standardize the land acquisition process. Then, for land acquisition compensation problems, it proposes to establish fair compensation principle, and to expand the scope of compensation for expropriation, to use some market-oriented approach to determine reasonable compensation, and to clarify the main subject of compensation, to take a combination of direct and indirect compensation to ensure the rational allocation of compensation, so that farmers can get fair compensation. it also suggest to put the land dispute into the administrative adjudication, improve the system of administrative coordination and smooth channels of judicial relief ,so that the dispute on expropriation compensation can be properly handled.