Study On The Compensation For Expropriation Of Agricultural Land Under The Collective Property Rights System In China

In recent years, the rapid development of China’s social and economic speed up the process of urbanization. Large areas of land are required for the construction In the process of urban expansion, but the number of state-owned land does not meet the demand for urban construction, so the country will have to occupy part of the collective land. According to China’s current land system, the exercise of collective land property rights limited by law strictly, the Farmers’ collective can not transfer of land, and only the state can change collective land into state-owned land by land expropriation. Therefore, the Government only can expropriate land frequently in order to meet the development of urbanization, which makes a sharp rise in the number of landless farmers. Due to the Land expropriation compensation system has some defects, Compensation and resettlement problem of farmers’ is getting worse. And the Inadequate compensation aroused strong dissatisfaction of the peasants, causing a large number of petitions and even some extreme events. Landless peasants became a group which is in difficulty in employment and has no guarantee in their life, this will be the huge hidden dangers of social stability and economic development. These problems must be resolved through improving the national land compensation system. I stood on objective social phenomenon perspective and combined with domestic scholars of the theory of the compensation for expropriation of collective land, to analyze the problems of compensation for expropriation in practice and to propose appropriate countermeasures. This article described the China’s agricultural land expropriation compensation through the four parts.Part I:This part overviewed the system of Agricultural land expropriation compensation under the collective property rights in China. First introduced the overview of our current land system, Highlighting the collective system of property rights of China’s agricultural land. Then defines the related concept of compensation for expropriation of agricultural land, and finally introduce the theoretical basis of compensation for expropriation.Part II:Firstly, the event in2003in HeBei Dingzhou leaded to the status of China’s land expropriation compensation system, Then analysis problems of China’s agricultural land expropriation compensation system in a number of ways, including from the principle of compensation, the standard of compensation, the procedures of compensation, benefits allocation of compensation, programs of compensation as well as housing expropriation compensation on agricultural landfrom the principle of compensation, the standard of compensation, compensation procedures, compensation benefits allocation, compensation programs, compensation, as well as agricultural land and housing compensation levied analysis of the problems of China’s agricultural land compensation system in a number of ways. Which focused on the problems that exist in the standard of compensation and compensation procedures.Part Ⅲ:Analysed the reasons for these problems on the factors of system of property rights, legislation and the concept.Part Ⅳ:According to the problems described earlier, the ideas were proposed to improve our agricultural land expropriation compensation system. First of all, Analysed the necessity and feasibility of improving land expropriation compensation system. And then put forward specific measures to address these issues in order to contribute to the practice of compensation for expropriation of agricultural land.