Policies Of Government Land Acquisition Compensation And Resettlement Process

Since2005, with the rapid economic development of Changxing Island Harbor Industrial Zone and accelerating process of urbanization, a large number of agricultural land gradually transformed into urban land. Relevant survey shows that farmers have no particular opposition or resentment to the land expropriation itself, but generally respond more strongly to the compensation for land expropriation system. Here are some main problems. First, the standard of land expropriation compensation is low and narrow ranged. Second, the benefiting subject is not clear, which leads to chaos of compensation allocation. Third, there is only a single way of compensation for landless peasants, and the social security system is backward. Four, the settlement mechanism of land acquisition compensation disputes is imperfect. Last, the legislation on land acquisition compensation is seriously lagging behind.Based on the above issues, improvement of Changxing Island Land Expropriation Compensation System has become essential. Based on the collection of the standard, scope, method of the expropriation compensation in and out of China, and the related disputes on the amount of the compensation, this paper carefully studied the problem of the crux and put forward some superficial proposals.Firstly, this paper makes a review of China’s land expropriation compensation system, including the fumble stage of adjustment during1950to1964, the stagnation stage of the "Cultural Revolution" period, the transition phase in1982to1998and the modifying stage of1999to2003, especially focuses on the present status of China’s rural land requisition compensation system since2004. Next, taking Dalian Changxing Island as an example, this paper discusses the current situation and problems of expropriation compensation, mainly elaborated the low and narrow ranged standard of land expropriation compensation, the unclear benefiting subject and chaos of compensation allocation, the single way of compensation for landless peasants and the backward social security system, the imperfect settlement mechanism of land acquisition compensation disputes, and the seriously lagging behind of legislation on land acquisition compensation. Furthermore, this paper investigated the domestic and foreign land acquisition compensation system, focusing on the study and analysis of other countries and some parts of China’s land compensation system, summed up reference system results available to Changxing Island. Finally, the author proposed countermeasures to improve the Changxing Island Compensation System, Which is the focus of this paper. First, reasonably position the functions of the government. Second, establish an open, fair and just compensation for land acquisition procedures, including Perfecting Compensation procedures, and ensure that farmers have "the right to know""the right to participate" and "the right to speak". And meantime, establish land requisition compensation negotiation mechanism, judicial decision mechanism, and the supervision and accountability mechanism. Third, decide the standards and scope of land requisition compensation according to the market economy environment. Fourth, diversify the methods of land acquisition and compensation. Fifth, establish living and employment security mechanism which provide adequate social security for landless farmers.At the same time, increase job training, encourage and support employment. Last, improve the land requisition compensation system.