Research On Compensation Problem In The Process Of Collective Land Expropriation

Since the reform and open policy, the cities of our country have a great change.The development of the cities is inseparable from the support of land. And how toobtain and use the land rationally becomes an important problem which thedevelopment process of the cities must face and solve. The existing rural collectiveland expropriation system is according to the law on land expropriation andcompensation of administrative act. The system is the need of public interest for thecountry. Collective land expropriation is related to the public interests and personalinterests balance of collective economic organizations. Land expropriationcompensation system of land expropriation as the core content, is to coordinate andsolve for collective land expropriation of country, collective and farmer individualthe conflict is an important legal system. In recent years, land expropriation has twodangerous tendency. On one hand, the local government land leasing will be as "" ofthe second finance, as make up the local finance income insufficient importantsource. The local government land sale proceeds to resist the great temptation,developed land fiscal dependence. This led directly to the local government land andother natural resources excessive overdraft. On the other hand, the legal system ofland expropriation of not perfect, collective land rights in practice, helpless againstthe strong government, legitimate rights and interests is often improper infringement,caused a lot of social conflict. So how to protect peasants’ legitimate rights, how tomake a reasonable compensation for land expropriation becomes country and socialall circles pay close attention to social issues and legal issues. Land acquisition andsolve the problems of compensation and resettlement, closes a farmer production,life and rural social stability, but also for our country to construct a harmonioussociety the key factors. This paper is based on this background and in-depth studyand exploration. First of all, the expropriation of collective land, collectiveownership of land, expropriation compensation are defined, analyzed the theory basis of the collective land requisition compensation. According to the principle offairness, was expropriated for public interests suffered a special sacrifice, shouldgive on to just compensation, the expropriation compensation relationship, collectionand expropriation should be equal in legal status of the civil subject. Secondly, thispaper uses the method of comparative research, summarized in some developedcountries and regions of the advanced experience of developed countries and regions,the land is under strict laws and land under the control of a program, and in thesociety closely supervised exercise. Finally, analysis of China’s land expropriationcompensation system current situation, find out the legal and practical operationlevel problems. According to these problems, this paper puts forward theinstitutional improvement and innovation some countermeasures and suggestions:should accurately locate state in the process of land expropriation in the role, toestablish a workable public interests standard, optimize the collective landrequisition compensation system, expanding the scope of compensation, improve thecompensation standard, to realize the compensation way diversification reform,perfecting collective compensation for land expropriation procedures, and suggestthat the development of" land expropriation law" as the reconstruction of collectiveland requisition and compensation mechanism of the relief means, to fully protectthe land rights of the legitimate rights and interests.