The Legal Perfection Of China’s Collectively-owned Land Expropriation Compensation System

Since the reform and opening up, in order to ensure the necessary land of construction for the economic development, serve the industrial development, guarantee the country’s infrastructure construction and enlarge the scale of city, our country, based on the national conditions of planned economy times, develops the compensation system for land expropriation with the previous purpose and annual production value as the standard and obviously narrow scope pf compensation, which severely damages the farmer’s property rights and the right of life who loses the land. In recent years, with the development of the market economy and the enhancement of people’s law consciousness, compensation events in a number of areas often happen. China’s demand for land is still great in the future a period, If the land requisition compensation system can’t be perfected as soon as possible, Land requisition compensation can cause a lot of unstable social factors, which influence the national economic and social development, affect rural development and farmers enjoy the achievements of development. Therefore, the study of collective land expropriation compensation system has the extremely important practical significance to perfect.Collectively-owned land requisition compensation system refers to a series of laws and regulations on the requisition of collectively-owned land to be state-owned as well as the compensation for rural collective economic organizations and farmers according to the need of the public interest and based on the legal procedure and approval authority. Until2004, the constitutional amendment has beginned to distinguish the land expropriation and requisition strictly. Subsequently, regulations and department rules are published continuously to perfect the law on the compensation for the collectively-owned land expropriation to form a law system, the constitution as the basis and the laws and rules as the support, which has a certain improvement on the amount, way and procedure of compensation for the collectively-owned land expropriation.From our country collective land requisition compensation practice, The current collective land requisition compensation legal system there are six main aspects:The frist is not clear about the scope of public interest definition; The Second is not clearly defined in the land requisition compensation principle on the constitution; The Third is the land requisition compensation range includes only the resettlement fees, land compensation fees and other part of the loss; The Four is the standard of land requisition compensation according to the land value calculation is the lower; The Five is the distribution of compensation for land expropriation exists many unfair; The Six is the compensation for land expropriation procedure is more ambiguous, lack of mandatory.In view of our country collective land requisition compensation system in the presence of the six aspects, through the study and draw lessons from the successful experience of foreign countries (regions), with China’s legal status in practice and the actual situation, can improve from six aspects:the one is to define public interest rationally through a finite lists, a exclusion clauses, and a procedure regulation on public interests rationally define; the two is to construct fair compensation for the basic principles of the constitution, public interest, to abide by all start, after filling first syndrome, proper procedure for specific principles of collective land expropriation compensation system; the three is to expand the scope of compensation, including the land contracting management right and other direct and indirect losses; the Four is it is with the market value as the compensation calculation standard; the five is by defining the compensation benefit eligibility and increase farmer participation right to solve the compensation allocation conflict; the Six is to add the identification of the public interest programs, expand the parties involved in the procedure, and add the relief procedure.