The Theory Of Administrative Compensation System Of Land Expropriation In Our Country

Since the reform and opening, with the development of economy, our country increasingly growing demand for construction land, based on public interests, for administrative levy or requisition of land is an important way to implement other land demand. Land expropriation is a kind of land administrative way, is the country in order to meet the demands of social and public interests, the approval authority and procedure according to laws, and farmers’collective economic organizations and individual farmers compensation according to law, force the collectively owned by peasants into the state of a kind of administrative act\". Due to strict land all forms and circulation in our country, the ownership of land only two kinds of form, namely the ownership of the state and the collective. Therefore, the land administrative levy is aimed at land collectively owned by peasants, and involves the farmers’ interests’ protection. Land is the fundamental of farmer’s survival, if imposed, it must be a reasonable relief and compensation, and therefore, how to do reasonable in the process of land expropriation compensation, to safeguard the interests of farmers, is an important subject to be solved. In the economic development, urban construction is more and more inseparable from the demand for land, and the same land is the foundation of the survival of farmers. Government based on the purpose of public interests of peasants’land to make use of administrative power, due to the lack of effective procedural safeguards and power regulation, for some unreasonable compensation for farmers, which is both, ignored the market rule, but also great damage for the interests of the farmers, to ignore their right to survival and development. To do reasonable on farmers’ land administrative compensation should be based on the principle of fair, considering the market value of the land, the farmers’ real demand of existence and development, establish the land compensation procedures, reform the existing pure form of monetary compensation, establishing diversified compensation mode, in order to realize the sustainable development of the landless people.Under this background, based on the administrative compensation in land expropriation system in China as the research object, from the five most. The first part is about the concept and characteristics of the administrative compensation system of land expropriation, in this part, in this paper, the preliminary discussion on the concept of land expropriation and requisition in our country, puts forward the concept of land expropriation compensation, and analyzes the characteristics of the land expropriation compensation, and then in this paper, the history of land expropriation compensation system and the suitable principle has carried on the preliminary discussion, through the analysis of four parts, the comprehensive elaborated the basic situation of the land expropriation compensation system in our country, which leads to the argument of this article. The second part is about the administrative compensation system of land expropriation legislation and implementation condition analysis, at present our country about land expropriation compensation system is still no special legal norm, and the constitution of our country has not clear provisions on the administrative compensation system of land expropriation, referring to various kinds of specification file now about its regulations. In2011, China promulgated the Y’state-owned land on the housing levy and compensation ordinance, made clear provisions of the condition of land expropriation, which must be based on the needs of the public interest to requisition of houses, at the same time must give appropriate compensation. In practice, because of the public interest and compensation standard is specified, caused by land expropriation compensation disputes emerge in endlessly, especially some serial litigation, collective litigation cases, which exposed the defects of land expropriation compensation system in our country. The third part is about the administrative compensation system of land expropriation to the analysis of existing problems, the author through analyzing the practice of land expropriation compensation in China and abroad about land expropriation compensation system of investigation concluded that the current land expropriation compensation system in China still exist many problems, mainly reflected in the administrative compensation standard is low, the program is not perfect, the legislation defects, compensation form a single, etc. In Anglo-American countries, the government has clear rules for land requisition compensation, and the government by law strictly limits the casual requisition of land, this is the result of legal and institutional constraints. Around the practice in our country, because the government formulated the new file of different specifications, different local standards and scope of land requisition each are not identical, this leads to the inequality of expropriation compensation, as well as the inequality is often the cause of land requisition compensation disputes. The fourth part is the administrative compensation system in our country land expropriation problems cause analysis, this article mainly from the aspect of legislation, theory and operation aspects discusses three aspects. At the legislative level, this paper thinks the law for the conditions and scope of land expropriation compensation and so on has not made clear rules, such as the definition of public interests, the land requisition compensation standard and so on, this is the most fundamental reason. Layer in theory, this paper argues that China’s land requisition compensation system did not determine the principle of the halt, exactly apply the principle of full compensation in practice there are no rules or fair compensation principle, the principle of arbitrariness of lack of lead to practical operation process. At the operation level, due to different local governments according to the local laws and regulations of each are not identical, but because of the difference of economic development around the land requisition is scientific and normative are each are not identical, to all kinds of disputes. Through the analysis of the causes of three levels, this paper argues that legislation is the fundamental, to solve the outstanding problems of land requisition, first of all must be conducted at the legislative level specification. The fifth part is about the suggestion of perfecting our country’s administrative compensation system of land expropriation and countermeasures, this article mainly from the expropriation and compensation principle, clear, complete definition of public benefits in the compensation program, improve the standard of compensation and increase compensation form, etc, the author believes that the state must be carried out on the conditions of land expropriation compensation clear specification, namely, to limit the scope of public interests, main body and standard for land expropriation and clear specification. Put in a principle, this paper argues that involves the real benefits of the object being levied; land requisition on social fairness, so countries must give the principle of fair compensation to compensate, which continue to refer to the market price of the land to compensate. In terms of compensation form, this paper argues that must compensation in the form of a rich, according to the development of the society and flexible object actually was imposed to compensate. Land requisition compensation system relationship between social equity and justice, must be standardized. In this paper, by analyzing the problems of land expropriation compensation system in China and the existing reasons, and puts forward relevant countermeasures and Suggestions, in order to our country’s administrative compensation system of land expropriation has a certain reference.