The Perfection Of The Collective Land Expropriation Compensation System Under The Perspective Of Land Development Rights

The economic development of each country along with the expansion of the city, there are all kinds of conflicts in the process of urbanization. And the special situation of our country, the conflicts of urbanization are particularly intense. Comrade Keqiang Li stressed in the recent speech:"Promoting urbanization coordinately is a major strategic choice to achieve the modernization","Food security is the foundation of the development of urbanization""The key to ensuring food security is to protect farmland","The core of urbanization are people,not a simple increase in the proportion of the urban population and area expansion, but in the industry support, living environment, social security, lifestyle and so on to achieve the transformation by’village’to’city’". Promoting urbanization is a trend which cannot be halted. How to coordinate the promotion of urbanization, to embark on a path of development in line with China’s actual, become a challenge in front of us. This paper studies the concept of land development rights and the western land development rights systems, by analyzing the disadvantages of just compensating for the value of static rights, points out that the problem of the lack of land development rights in China’s collective land expropriation process, combined with the exploration of the practice, puts forward some suggestions to build the system of land development rights to improve our collective land requisition compensation system, in order to explore a path not only be conducive to the realization of "people’s urbanization ", but also to ensure food security.The main body of this paper includes the following four parts:Part one:Theory of the land development rights. In China’s land expropriation process, people are most concerned about the distribution of the land value-added benefits, its essence is the allocation of the interests of land development rights. This section introduces the concept of land development rights and land development rights systems in Britain, France, the United States, providing a theoretical basis for the following.Part two:The lack of land development rights of our country’s collective land requisition compensation. The current land expropriation only pay appropriate compensation for the property value of static ownership rights, without compensation for land development interests. There are many defects to determine the compensation for expropriation based on the value of the static rights. Lack of land development rights lead to a serious imbalance in land expropriation income distribution, triggering a series of social conflicts. Part three:The beneficial exploration of China’s land development rights compensation. In practice, there are some useful explorations of compensating for the interests of land development rights, such as Chongqing ticket-trading system, Xiamen "gold silver "system. These explorations can get a glimpse of the reality and feasibility of building land development rights system in our country.Part four:Some suggestions on the construction of the system of land development rights. Only by establishing the system of land development rights, and compensating for land development rights in collective land expropriation process, can evolve the problem of land expropriation compensation effectively, and achieve the "people urbanization"...