A Study On Equity In Rural Land Expropriation In China

Land is the basic of human production and living material production data, is closely related to human life. With the development of urbanization in our country, rural land expropriation and become an important way to improve our country state-owned land increment.But in recent years, along with the advancement of rural land expropriation in our country, a lot of unfair problems in land expropriation, cause the land-lost farmers to guarantee the normal production and life and even cause of rural poverty group in a new round of the land-lost farmers poverty group, and the serious impact on the development of rural economy in our country, buried a hidden danger for the long-term development in our country in the future.Around this article, therefore, the lack of fairness problems in rural land expropriation in our country, attempt from the related concept definition, research status, theoretical basis, lack of fairness in the process of land expropriation problem, empirical and case analysis, the causes of lack of fairness problem analysis and policy recommendations.Full text is divided into six parts:the first part:introduction.This part elaborates the research background, research significance, research status, expounds the "public interest", the collection of compensation and the study of land requisition system.The second part:the related concept definition and theoretical basis.This part expounds the land expropriation and the related concept of "fair compensation", and focus on Marx’s property rights theory, amartya sen’s theory of rights and poverty, rawls’s justice theory, to analyze the present fairness to provide theoretical basis of land expropriation in our country.Part iii:this part reveals the land expropriation in China mainly exist in the low compensation standard, compensation system is unfair, unreasonable income distribution of compensation and compensation procedures lack of fairness problems such as lack of impartiality.The fourth part:our country land expropriation of empirical research and case analysis.This part introduces the shaanxi xian changan area by several of the village land expropriation of land expropriation, through to the investigation data and case analysis, discovered the problems appeared in the process of land expropriation.The fifth part:the causes of injustice problem in land acquisition of our country. Fair in this part of rural land expropriation problem analysis, reveals the reasons for the unclear property rights of land, land expropriation imperfect relevant laws and regulations, imperfect levy process manipulation and supporting facilities, etc.The sixth part:policy Suggestions to perfect the system of land expropriation in our country.This part puts forward establishing and perfecting the land expropriation of laws and regulations, improve the modern property right system, insist on the principle of "fair compensation", improve the rural social security system and other measures.In this paper, the basic point is the causes of injustice is mainly due to the land property rights is not clear, the compensation distribution black-box system of land requisition system, the law is not sound, lack of impartiality of procedure.This paper innovation points as follows:in the process of China’s rural land expropriation injustice problem is mainly due to the lack of landless farmers in the process of land expropriation rights.Farmers lost their participation and the right to know, isolated outside the tax system.The lack of rights to farmers unable to safeguard the legitimate rights and interests of their own.This paper argues that changing the root of the land-lost farmers poverty measures is to give greater rights to farmers, namely give farmers’ participation and right to know, for farmers to understand information related to land expropriation, effectively safeguard the legitimate rights and interests of oneself;Obvious injustice, the process of land expropriation and land related government departments is not only the referee, land expropriation and land expropriation, land information is public, there is no corresponding supervision mechanism, and manipulation of land related department.This paper argues that should reform the system of land expropriation in our country, establishing a fair and just land requisition procedure, adhere to the principle of fair compensation, and perfect the rural land market, establish an effective supervision mechanism.Prevent the related department in order to gain an advantage and damage the interests of farmers.