Study On The Compensation Of Rural Land Collection In The National Construction

With the development of urbanization, more and more rural land has been transformedfor construction. In the process of land expropriation, the phenomenon infringing on farmers’rights and interests cause social unstable factors. So the protection of farmers’ rights andinterests has become the focus of the scholars in the field of land resource. They put forwardtheir viewpoints and suggestions, providing authentic basis for our country reforms. But thereare still more or fewer problems, which can not completely be solved. Therefore, it is veryurgent to make further research on the protection of farmers’ rights and interest. Under thispremise, the author set new ideas to put forward the reform of land expropriation system andlevy patterns, especially for defining the public interest, model reform and land compensationstandard.First of all, the author makes research on land expropriation at domestic and foreign,introduces the basic concepts of land rights and the basic theory of abroad, compares andpoints out advantages and disadvantages of the research status both home and abroad. At thesame time the author tries to point out current compensation defects in our country’s landexpropriation and development trend.Second, aiming at the defects of our country at present and combining with the legalbasis, the author defines and lists the public interest through positive list and reversescombined method. Definition proposed positioning the role of government is divided intopublic welfare. Taking into account the hearing process, the re-division of collective landownership, can effectively solve the problem.Third, combining the theory of property rights and the right to development theory, theauthor analyzes and compares the point of domestic scholar, treats separately the welfare landacquisition and non-welfare land acquisition by distinguishing between land expropriationand requisition.The ownership of nonprofit land acquisition is one-time levied, but it is in phases tocompensate to farmers for land revenue loss. For non-welfare land acquisition, country leviestheir rights to development for compensation and duration, farmers get fair compensation through the allocation of land development rights price, and effectively weak the farmers’interests at the expense.Through the analysis of the relationship of land ownership and use right, we cansimplify the ownership of land prices as for an indefinite land use right price. According tothe income approach, considering time value, the indefinite use rights price equal to thediscounted cash flow value of indefinitely geometric series. Considering land contract lifeand compensation cycle, we could determine cycle compensation.Analyzing connotation and formation mechanism of the right to development price andconsidering to food security and ecological security, we find that the price of the right todevelopment is the price difference between the commercial land price and the agriculturalland, which minus compensation expense of food security, ecological security compensationcosts, development costs and profits. Combined with the concept of land development rights,author uses the volume rate of land express the development rights boundaries. More than thelimit of land development rights should be owned by the state. This gives allocated amount ofthe land development rights between country and farmer, calculates the price of landcompensation.