The Study Of Expropriation Compensation Policy On Collective Land

Along with the accelerating industrialization and urbanization, the rapid growth of land acquisition in China, collection of collectively-owned land by government is becoming more and more frequently. Back in the planned economy period1950s to1980s, collective land acquisition compensation system has already been established. Today, China has been transited to market economy from planned economy for a long time, collective land acquisition compensation system have also gone through several revisions, but it did not change with the times qualitative change occurs, there are still many problems. Consequently, although the land acquisition brings us economic development, it also triggered a serial dispute of collective land acquisition compensation. Such disputes seriously affected the harmony and stability of our society. Therefore, it is necessary to study rural collective land acquisition compensation system of our country, analyze the problems, and to explore a set of practical system. To initiate, promote the perfection of the legal system, and then solve the problems that exist in the real life.From a structural point of view, the text is divided into four parts:The first part introduces the basic theory, mainly includes the definition of collective land expropriation compensation, theoretical basis and basic principles. The second part is focus on elaborating current rural collective land expropriation compensation system, this part start with legal system reform practice and pilot cities, do a in-depth research in current legislation and social practice of the collective land expropriation compensation system. The third part is the evaluation and analysis of the system. Problems come in five aspects of our current system:including lack of compensation principles, rights holders are unknown, obvious contradiction of allocate compensation, imperfect compensation program etc. The fourth part is corresponding perfecting suggestion for these highlighted five defects:First, is to establish the principle of collective land acquisition compensation in the constitution; Second, expanding the scope of the collective land expropriation compensation; Third, is to develop scientific standards to calculate the compensation to ensure those who are land value-added benefits for land allocation right; Fourth, is to clear the subject of rights, improve allocation, solve conflicts which exist in distribution; Last, proposing concrete measures to improve the compensation program.