Study On Legal System For Land Acquisition And Compensation In China

With the development of industrialization and urbanization in China, plenty of lands collectively owned by rural collective economic organizations have been imposed for the past few years. The existing system for land acquisition which formed mainly from the planned-economy era has many problems, though our country has taken corresponding improvement and perfection measures on legal system for land requisition and compensation. Therefore, this thesis is of practical and theoretical significance to construct the new system for land acquisition and compensation and protect the legitimate rights and interests of farmers and promote the theoretical research of legal system for land acquisition and compensation.First of all, the paper discourses the foundamental theory and clears the general theories of institutions of laws for land acquisition compensation. Secondly, the paper makes a thorough review of current situation of legal system for land acquisition and compensation and indicates the existing problems. Finally, improvement suggestions are put forward against the existing problems, with the foundational theories of economic legal science.Through the above research, this paper proposes the following new opinions:firstly, definite the aim of land acquisition, and regulate the land acquisition.The scope of public benefits should be clearly identified by legislation; collective ownership right and land use right could be freely re-distributed; strictly divide the land into public land and operational land;reform the land acquisition and examining system,and establish the legal inspection system of the purpose of the land acquisition. Secondly, establish the sound land acquisition procedures, ensure the farmers’ rights to know and to participate; perfect the land acquisition dispute resolution policy.Thirdly, ensure the mechanism of marketization compensation,and perfect the land acquisition compensation standard.Define the principle of land acquisition compensation, carry out marketization of land acquisition compensation mechanism, and expand the scope of compensation. Establish and perfect the social security system.for the farmers who have lost their lands.