| With the rapid advance of the growing expansion of urbanization and industrialization process since the reform and opening up in our country, we got enormous gains on the economic front, while a series of serious social problems produced. A very important problem is that a large number of farmers became landless peasants because the land they collectively owned was expropriated as construction land. According to the data provided by the State Council Development Research Center, accordance with the National Land Use Planning Outline, over5450acres of arable land will be subject to occupy from2000to2030, which means that another45million people would be landless peasants. As the most important production, the land is regarded as the lifeline of farmers, as Marx said:"The land is the source of all the production and all that exists." Farmers are vulnerable groups in our society and the land appears to be very precious for them. The resource is constantly being swallowed in China’s urbanization process though which is critical to the survival of farmers. What make us worrying more is that the legitimate rights and interests of farmers in land acquisition has not been protected even more and more unlawful infringement appeared, such as the government’s abuse of expropriation rights, the lacking of legal basis for farmers’collective land expropriation and the compensation is not in time, and low compensation etc. Which caused some strong dissatisfaction of landless peasants and led to a large number of group events. Landless peasants who lost the basic production become marginal people that have no social identity. This is a new social group, difficult employment, lacking of protection, which will be the bottleneck of overall social development, seriously affecting steady progress in a harmonious socialist society. Faced with the dilemma between the social development of the demand for land and the landless peasants protection, in recent years, our country have introduced a series of laws and regulations to be a balance of interests and landless peasants protection. At the Tenth National People’s Congress in March2004meeting by the fourth amendment to the Constitution, the original terms of "due to the public interest, the land can be exploited in accordance with the law." to the "due to the public interest, the land can be exploited and compensated in accordance with the provisions of the law. Land expropriation and compensation system for the first time established in the constitution."Property Law" in2007developed a number of enabling legal for the landless peasants.Two sessions which held in March this year, Premier Wen regards protecting landless compensation equity issues as the top priority term of last year, and implement "The farmers’ collective land expropriation and compensation Ordinance" to further perfect protection of the legitimate rights and interests of the landless peasants. Although the state regard protecting the legitimate rights and interests of the landless peasants as the top priority term and make useful exploration of the socialist market economy and establishing a variety of compensation and resettlement mode, but the protection of the interests of the landless peasants is a dynamic development, in this process there will be a lot of new state of affairs. How we resolve the affairs is also a major issue faced by the government. The paper is to explore the issues that how to protect the land farmers with the development of the social situation, to be.given both lawful and reasonable compensation and to make sure the property rights of the landless farmers are actually protected. References related theories, learning from foreign advanced experience in compensation for expropriation, combining with China’s specific national conditions, using comparative analysis expounded China’s current inadequacies of the farmers’land acquisition compensation laws and regulations, I wrote this paper. Meanwhile I wrote the paper from the point of improving the public theory of interests, defining the compensation body to the clear right, improving the compensation and resettlement of landless peasants to build the compensation mechanism at this stage of social development in our country.In addition to the introduction and conclusion, the text of this paper layout is structured as follows:The first part is a brief about the legal system of land expropriation and compensation. As the precondition of land expropriation and compensation system which continually refine and improve, the development of the land expropriation system play an important role. Because of this, the first section of this article introduced the essence and characteristics of the land expropriation system, the second section focuses on the connotation of the land expropriation and compensation system, which lay a good support point for the entire system below by analysis of the concepts and features and principles. Then there are briefly various theories of land expropriation and compensation in the third section. We can grasp land acquisition compensation system from the macro through the three sections.The second part is about some reference levied on land compensation advanced countries and regions. Through the introduction of several land expropriation and compensation system and their situation that provided by some foreign countries and regions, we can get some perfect enlightenment of solving the problems of our existing land expropriation and compensation system.The third part tells about the drawbacks in the legal system of rural collective land acquisition compensation. This part focuses on the existence of the problems of the current stage of China’s social development land expropriation and compensation system. Eace with the problems such as the lacking of an adequate legal basis for land requisition compensation, lacking of scientific standards rationality, the narrow range of compensation for land acquisition, the absence of right to compensation body, the lacking of analysis of due process, I use comparative analysis and empirical analysis mainly to solve problems exist in the process of land acquisition compensation, and pointed out its internal reasons about the drawbacks.The fourth part is about the suggestions for improving the legal system in China’s rural collective land acquisition compensation. On the basis of the first three parts in the article, drawing on relevant theories for the deficiencies in the legal system of rural collective land acquisition compensation, I made my own views, firstly I proposed the principles that the perfect rural land expropriation and compensation should be followed, and then, I regulated the land acquisition compensation system by clearing the legal constitutionality basis and clearing who have the right to get the compensation, establishing a scientific and rational land requisition compensation standards, building a sound social security system for the landless farmers and improving agricultural compensation for expropriation proceedings to protect the landless farmers.These proposals is the innovation of this paper, and the essence of this article, but due to the theoretical foundation limited, there are inevitably some biases insights in some of the issues, I hope these suggestions can play a little role in promoting the legal system of expropriation and compensation, which is the original intention I wrote this paper. |
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