Legal Study On The Compensation Standards For The Collective Land Expropriation

With the acceleration of China’s urbanization and industrialization, land supply and demand increasingly tense. The scarcity of urban land resources and the extensive rural land, making the collective land expropriation become the main way for the development of public utilities and the enlargement of city size. China’s actual social contradictions mainly focus on the land expropriation compensation, and the land expropriation compensation standards is the core of land expropriation compensation system, which directly related to the farmers’rights and interests:The current land expropriation compensation system is formed in the planned economy, although after years of development and adjustment, but the system has still exist many problems, which seriously damages the legitimate rights of the farmers, causing a large number of mass incidents and arousing widespread concern of the community. Improve China’s land expropriation compensation standards, and explore not only adapt to the socialist market economy but also safeguard farmers’legitimate rights and interests of the land expropriation compensation system has been imperative.The Central Rural Work Conference in2012puts forward:"The key to promoting the collective land expropriation system reform is to protect farmers’land property rights, and to assign the value-added benefits of land conversion and urbanization well." It is not only the Central Committee of the Communist Party of China makes the most explicit comment on the protection of farmers’land property rights, but also it has pointed out the direction for the reform of the land expropriation compensation system, that is to say on the one hand, to safeguard farmers’ land property rights, and on the other hand to make the farmers can share the land value-added benefits. The article is based on these two aspects, and used the Property rights protection of the interests of the land exchange as the starting point as the starting point to explore the problem of China’s collective land expropriation compensation standards. Specifically, in addition to the introduction, the article mainly consists of four parts:The first part focuses on analyzing and reflecting the collective land expropriation compensation standards in China. Based on an overview of the collective land expropriation compensation standards, this chapter analyzes the present situation of urban and rural land expropriation compensation standards of the two-track legislation, and then through the collective land expropriation compensation standards of empirical research in Jinan, reflects on the problems and the impacts of the collective land expropriation compensation standards. The second part discusses the collective land expropriation compensation standards and the land property rights protection. Based on the reflection of the collective land expropriation compensation system in China, proceeding from the angle of rural land property rights, this part expounds the collective land expropriation compensation standards for the protection of farmers’ land property rights separately from collective land ownership, land contracting management right and using right of rural housing land. The third part discusses the collective land expropriation compensation standards and the land development rights configuration. Based on the reflection of the collective land expropriation compensation system in China, this part discusses the collective land expropriation compensation standards from the point of view of land development rights. Land development rights is an important land rights, and it is closely related to the value of land revenue and_jncome distribution, but our current legislatios=-does not establish the land development rights system. This section first describes the basic theory of land development rights, and then based on the situation of China and foreign legislative experience, analyzes the collective ownership of land development rights and the allocation of rights and interests. The fourth part puts forward the proposals to improve the collective land expropriation compensation standards legislation, from the point of the improvement of the collective land expropriation compensation standards legislation and the relevant supporting systems.