Research Of China’s Rural Land Expropriation Compensation System Reform

Land expropriation is to show the country or government for public interest-in accordance with legal procedures, forcibly obtains all land rights belonging to original land owner and gives reasonable compensation for legal administrative act. Land expropriation is one important way to provide enough construction land for national public welfare undertakings. Land expropriation compensation is that the land owner obtains right compensation equivalent to the land value. Land expropriation compensation system is closely related to farmers’individual interest; therefore, land expropriation should persist in three principles:fair, public and equal. While in fact there are many problems in real process of land expropriation, for instance, public interests is not defined strictly by laws and rules which leads to property developers levy land under the banner of the public interest; the principle of land expropriation compensation is not given by law; the standard of land expropriation compensation is so low and compensation range is so narrow; land compensation procedure is irregular and distribution of compensation is unreasonable. Once the farmers lose their land, they also lose their farmers’identity. Neither do they have identity of citizens. This may lead to social conflicts and instability of the society, which hinder the construction of harmonious society. All of these stem from imperfection of China’s land expropriation compensation system. Therefore, to perfect our land expropriation compensation system and to reform improper land expropriation systems have significant effect on the people’s livelihood and social stability.In this paper, my research proceeds from how to realize the justices of land expropriation compensation, and then takes empirical method, analysis, induction, comparative methods to analyze the past and present situation of land expropriation compensation system in order to show the problems, to find the reasons, to learn the excellent experiences of western developed countries and to build a fair land expropriation system.In addition to the introduction and conclusion oi the thesis, the article consists of the following parts:First, show the past and present situation of land expropriation compensation system. Through summarizing the land expropriation compensation system in planning economy era and market economy era, it helps us find developing process of land expropriation compensation system.Second, summarize the problems of our present land expropriation compensation system and analyze the inner reasons. In this part, I analyze the problems and point out the imperfection of land expropriation compensation system is main reason damaging farmers’ interests. Also, I try to find some specific methods to solve these problems.Thirdly, briefly enumerate the land expropriation compensation system of developed countries. After a long-term development, the developed countries gradually form their own land expropriation compensation system; we should learn their excellent experiences.Fourthly, put forward advices to improve our land expropriation compensation system. The principle of justice must be the core rule that we should comply with. How to realize the justice in process of land expropriation compensation system is always our goal. The land rights of farmers can’t be protected, which cause many problems. At last, we put forward "people first" to perfect our land expropriation compensation system.The innovation of this thesis is:First, my research begins from the perspective of theory of justice which is written by John Rawls. Although some scholars do research on it, few go deep into it. The perspective of my paper is novel. Second, in order to analyze the problem, I gather an abundance of documents to find the key problem and put forward practical and effective means. Thirdly, I give some specific suggestion from the view of "people first", which is significant to practice.