Research On Compensation Institutions Of China’s Rural Expropriated Land

Land public ownership is a basic land policy of socialism China, which according to the different principal parts, includes state ownership and collectivity ownership. Land expropriation refers the legal deed that state turns collectivity owned land into state owned land and correspondingly compensates reasonable interests to the expropriated peasants, by following some legal procedure and pursuing the purpose of public interests.Land is the most basic labor object and operating foundation of the peasants. Under the present expropriation system, however, land expropriation means to most peasants that their land is turned into state ownership and no longer belongs to them as it was collectivity ownership, in turn that they lost what they live on and count on.Present land expropriation system was founded in the planned economy period, while whose institutional environments and serving purposes have changed a lot nowadays, then turns to be lag, not adapted to the situation. Many problems occurred consequently, such as the abuse of“Public Interests”and invading of cultivated land; liberty, illegally and compulsively expropriating deed; unreasonable compensating standard with not enough considering the peasants’property rights and interests; lacking of supervising work on land expropriating especially after expropriating. These problems grew with institutional defaults, which includes: 1. Lag of land expropriation compensation system and land expropriation compensation legislation, unreasonable compensating standard caused by unilateral government pricing, and the defaults of compensating procedure; 2. Incomplete property rights of collectivity land, vague compensated body and unfair status between state owned land and collectivity owned land; 3. Immature administrative and legal supervising system, immature basic democracy construction, unfair land tax and fees and other improper institutions, which make it harder for the compensation work; 4. Unreasonable compensating extent and standard, simple compensating means, uneven distribution of compensation fees among the parties involved and unsuitable after expropriation measures.This article is to analysis the different concepts between state-owned land and collectivity-owned land, and then to figure out the source of the institutional defaults. There’s obvious lag between the elder system and present situation.This article is to classify and induce the reasons and results of the defects of the present land expropriation compensation system, to use law principle, property rights economic theory and institutional comparing to research the deep causation of the problems, and to propose a new frontier of the land property rights and a new platform of the land expropriation institutions based on all the above analysis’s. Then at last we will come to some important measures which will contributes to the improvement of law system construction, administration institution construction and social safeguard system to secure the expropriated peasants’interests.Land expropriation compensation system is a basic land policy of China. It’s a vital proceeding to affect China’s reforming and opening, state economic construction and basic interests of 0.8 billion peasants. Thus to research on this subject in this article today, is meaningful both economically and politically.