Research On The Reform Of China’s Collective Land Acquisition Compensation System

Land has always been the basis for farmers to make a living, and the essential means of production and the most fundamental security for farmers. With continuous promotion of the urbanization process, the sustained, stable and rapid development of economy and population growth have resulted in our land resources scarce, which seems extremely conspicuous nowadays. Collective land acquisition system has become a hot point. Compensation is an important part of the collective land expropriation system, and collective land expropriation compensation system is the core content of collective land expropriation system, relations with the farmers whose land was requisitioned land realization of the interests. Our country" Constitution" is not clearly stipulated," land management law" and other laws and regulations concerning land acquisition compensation principle, scope, standard, the problem such as the means are unreasonable regulations and more fuzzy. While China’s current collective land acquisition compensation legal system is not perfect, the scope of land requisition too large, low standard of compensation system, unreasonable distribution of compensation, single compensation way, specific performance and other problems, caused serious damage on the legitimate rights and interests of peasants. It is of great urgency and necessity to reform of the current collective land requisition compensation system. This paper first has preliminary research on the collective land acquisition compensation concept, characteristics, such as the basic theory problem. Based on a large amount of literature data analysis and induction, the article sorts out our collective land requisition compensation system in the development process. It introduced the evolution of the land acquisition compensation system since the founding of the nation, as well as China’s current land requisition compensation system in the relevant policies and regulations; and analyzed the existing problems and its reasons. Based on our country’s collective land requisition compensation system in the present situation and problems, it makes an comparative research and draws lessons from the successful experience of the land acquisition compensation system in the developed countries, such as the United States, Germany, Japan, South Korea, Britain, Taiwan of our country and the Hongkong region, the four aspects about compensation for land acquisition including legal principles, scope, standards and manner are summed up, providing a reference for china. Rounding the collective land requisition compensation mechanism innovation and exploration of a new round of land acquisition system reform pilot city, the author put forward to perfect the countermeasure of mechanism of collective land acquisition compensation. With a new round of collective land expropriation system reform pilot cities as cases, the paper gives some advice to aim at perfecting the current problems by perfecting our country collective land expropriation compensation system in the following aspects:perfecting legal system of the collective land requisition compensation, rational enlarging the scope of acquisition and compensation; introducing market mechanism, establishing the prior compensation and price objection system, deciding the minimum standard of compensation, establishing the land price evaluation system, following the "sustainable livelihoods" and "people-oriented" principle, establishing a plurality of collective land resettlement compensation.