Study On The Improvement Of The System Of Compensation For Rural Land Expropriation In China

British classical political economists William Petty has a well-known saying:“Labor is father of wealth, land is mother of wealth.” This shows that land is thesource of wealth and the foundation of all the economic activities. Land plays animportant role in the development of human society. Land system has always beenthrough the development of human society, but the system of compensation for ruralland expropriation is the product of the development of modern society. In recentyears, in order to meet the demand of urbanization and industrialization, a largenumber of rural land has been converted to urban construction land by means ofexpropriation. In this process, farmers have made indelible contribution to theconstruction and development of our country. However, the imperfection of thesystem of compensation for rural land expropriation has infringed upon legitimaterights and interests of land-lost farmers, and has made them become the personswithout land, job and social security. This has a serious impact on the development ofrural economy and the stability of the whole society.Our country’s land expropriation system originated from the late Qing Dynasty,formed in the planned economy period. With the establishment and development ofthe market economic system, there are a lot of disadvantages in the early system ofcompensation for rural land expropriation for modern society. The principle, scopeand standard of expropriation compensation are the basic elements of the system ofcompensation for rural land expropriation, both of which connect and vary. At present,our country’s law has no rule on the principle of expropriation compensation. Thisneeds to be ruled. According to the article47of “The Land Administration”, ourcountry’s compensation fees for land expropriated include land compensation fees,resettlement fees and compensation for attachments to or green crops on the land.This scope is obviously narrow from France, Germany, Japan and other countries.The standard of land expropriation compensation is the key of the system, butaccording to the article47of “The Land Administration”, compensation should bemade according to the original purposes of the land requisitioned and “annual output ratio method”. The compensation standard made by this method is so low that can notmeet the basic needs of the farmers. At the same time, according to our present’s law,farmers can not enjoy benefits from any increase in the value of the land. In otherwords, at present, our country’s system of compensation for rural land expropriationhas a lot of defects, such as lack of compensation principle, compensation scope isnarrow, compensation standard is unreasonable and farmers’ right to get benefits fromincrease in the value of land has been ignored. This has a serious impact on thestability of the society and the advancement of modern society.In view of the problems existing in the system of compensation for rural landexpropriation, finding the corresponding solution has important practical meaning.Firstly, we should make a certain compensation principle which has a guiding role onthe whole expropriation activity. Secondly, under the guidance of compensationprinciple, we should expand the scope of land expropriation compensation andformulate scientific and reasonable compensation standard. Finally, we shouldintroduce the concept of land development right and make sure that farmers can enjoybenefits from any increase in the value of the land. In our society, farmers areunprivileged groups, therefore, the legal rights and interests of land-lost farmersshould be protected specially. A perfect system of compensation for rural landexpropriation has great significance for farmers, and it is also important to balanceurban and rural development, safeguard social fairness and justice and build aharmonious society.