The Study On Subjective Position Of Villagers' Self-Governance Organizations In Rural Collective Land Expropriation

As the speed of industrialization and urbanization are accelerating in China, the rural collective land expropriation becomes more frequency, we should protect the participants'rights in rural collective land expropriation, especially, the collective land rights of villagers'self-government organizations and landless peasants had become a hot topic. The villagers'self-governance organizations as grassroots self-governance organizations, it includes the village committee, villagers' group, representatives and agency organizations, and representatives and agency organizations are elected by villager meeting. The villagers'self-governance organizations take part in the bargaining between administration and land owners, stick up for the collective economy and landless peasants'legitimate rights and interests.The subjective position of villagers'self-governance organizations includes three aspects: exercise power independently, build up a bridge between governance and landless peasants through communication, and establish a mechanism that restrain government's actions.Firstly, this article illustrates the meaning of land expropriation, the system of land expropriation in China, and the procedure of land expropriation. Then, this article further illustrates the characteristics of the villagers'self-governance organizations, and proposes the absence of subjective position of the villagers'self-governance organizations. These characteristics include three representation, struggle for profit and multitasking. And the absence of subjective position of the villagers'self-governance organizations are these: the land law is defaulted, the land rights of self-governance organizations are squeezed; government control the procedure of rural collective land expropriation, the self-governance organization can't make the final decision; peasants mistrust the self-governance organization, so the authority of self-governance organization are lacked; the commission and agency mechanism of rural collective land expropriation is absent, the villagers'self-governance organization can't maintain neutrality.Secondly,through analysis of the income distribution model of land expropriation and the comparative model of land expropriation, it concludes that, causing the absence of subjective position form two reasons: on the one hand, local government are shown necessarily"behavior is broken model", a powerful government which has a strong incentive to requisite land and offend property rights; on the other hand, peasants can't exercise of the power of property rights.Thirdly, from the game tree of land expropriation analysis and case study, it concludes that, consolidating villagers'self-governance organizations position that will be helpful for reducing conflicts.Lastly, the article puts some measures that include establishing a mechanism that restrain government's actions, promoting the land laws, improving peasants'all ability, and consolidating the subjective position of villagers'self-governance organizations.