A Research On Compensation For Land Expropriation Based On The Rural Land Development Right

With the rapid development of our social economics, a lot of unavoidable social issues came out in our country when the level of urbanization has been keeping rising during the period of economic transition in China. Peasants who have lost their lands are blocked to be part of the city by the unreasonable land expropriation mechanism and undervalued compensation guideline. The powerful enforcing plans of land expropriation by local governments has made lots of appreciations of land value distribute invidiously. The issue of peasants’ living without protection when they lost their lands is becoming the roadblock which is harmful for us to build our harmonious socialist society. Appreciations of land value essentially root in land development rights which are mostly occupied by the governments during the process of land expropriation while the peasants and rural collective haven’t taken the position of subjects for land development rights value distribution as the subjects with their own rights.Land development right, also known as the right to exploit land, is one kind of property rights which is separated from land ownership and can be dealt with individually. There are some typical cases. For example, in the United Kingdom, the land development right belongs to country. In the United States, the land development right is negotiable. In France, the Land Development right is interfered by the country. Although China has not yet established the land development right system, the research and practice on land development right has been interacted. We should improve our compensation system for land expropriation with the theory of land development right so that we could find a new path to solve the rural issues.This paper which is based on the research of land development rights and compensation mechanism of land expropriation at home and abroad is trying to integrate the concept of rural land development right with the current system of land expropriation compensation and compensation guideline in China. We will start our discussion from two sides below:At first, we’ll build a new compensation mechanism of land expropriation based on hypothesis of land development right ascription which means that the right is assumed to different subjects. We’ll calculate a new compensation guideline with the help of land development right ascription and compensation mechanism of land expropriation. Comparing the results of different land development right ascription, we’ll get a better consequence which is beneficial to improve the level of compensation guideline; Secondly, we’ll distribute the appreciations of land value to rural collective and the peasants who have lost their lands at a certain ratio in order to compensate for their losing in rural land development rights according to our current compensation system of land expropriation.According to the two aspects above, the results might be:Firstly, peasants who lost their lands and the rural collective could acquire part of the rural land development right or even all of it at the condition of hypothesis of land development right ascription. Although this new method would increase the level of compensation guideline to peasants and the rural collective, its feasibility should be deeply discussed in the future; Secondly, distribution part of the rural land development right value could increase the compensation guideline to a certain level without making local governments be negative to this new compensation mechanism.