Research On The Standards For Compensating For The Expropriation Of Buildings On Collective Land

With the propulsion of urbanization, in cities of our country, thereare less and less state-owned land which can be retracted by thegovernment to use, so cities continue to expand to rural areas, and theexpansion process is accompanied by a large number of land expropriationactions.In the process of and land expropriation, it is evitable toexpropriate buildings if there are buildings on the expropriated land.However, our country is very lack of legal norms which regulate thebehaviors of expropriating buildings on collective land: the present legalsystem of our country tends to stipulate it simply in the system of landexpropriation (Article47of Land Administration Law provides, Thestandards for compensating for ground attachments and green crops on theland expropriated shall be determined by various provinces, autonomousregions and municipalities). Our country is lack of related guidance on thenational level, to guide the province, autonomous regions andmunicipalityies how to legislate on compensation for the expropriation ofbuildings on collective land. So it is easy to lead to the confusion ofcompensation for expropriation and difficult to safeguard the legitimaterights and interests of peasants who lose buildings. In this context,strengthening the research on the stardards for compensating for theexpropriation of buildings on collective land, starting legislation oncompensation for land expropriation and the expropriation of buildings on collective land to provide equal protection to the real estate on thecollective land as soon as possibly, have become farmers’ urgent needs.The author will use comparative research methods and empiricalanalysis methods to study the stardards for compensating for theexpropriation of buildings on collective land:comparing the expropriationof buildings on state-owned land with the expropriation of buildings oncollective land, combining foreign typical experience, studies the stardardsfor compensating for the expropriation of buildings on collective landthoroughly, and gives advices on how to determine the stardards forcompensating for the expropriation of buildings on collective land. Thisessay is composed of three main parts: foreword, text and concludingremarks. The structure of the text is as follows:The first part introduces the concept of the expropriation of buildingson collective land simply, compares buildings on state-owned land withbuildings on collective land, and concludes that the expropriation ofbuildings on collective land should be different with the expropriation ofbuildings on state-owned land.The second part analyzes and studies the main factors which affectthe stardards for compensating for the expropriation of buildings oncollective land, such as the Principle of compensation, the Compensationrange， the Methods for compensation and so on. Compare theexpropriation of buildings on state-owned land with the expropriation ofbuildings on collective land, combinie foreign experience and the specificcircumstances of the expropriation of buildings on collective land in ourcountry, to determine the principle of compensation which theexpropriation of buildings on collective land in our country should follow,the compensation range and methods for compensation which theexpropriation of buildings on collective land in our country can adopt. According to the compensation objects which is deterimined by thecompensation range of the expropriation of buildings on collective land,the third part analyzes the stardards for compensating for the expropriationof buildings on state-owned land, and carding regulations which arerelated to the stardards for compensating for the expropriation of buildingson collective land, then sets scientific and reasonable stardards forcompensation for the value of the building expropriated, compensationfor the relocation or temporary settlement resulting from the buildingexpropriation, compensation for the production or business interruptionlosses resulting from the building expropriation, to perfect the presentlegal system of compensating for the expropriation of buildings oncollective land in our country.