The Principle Of Fair Compensation For Land Expropriation Study

As China’s rapid economic development, speed up the process of urbanization, in orderto meet the needs of the urbanization process and had to be imposed on farmers ’ land for alarge number of. However, In the practice of land expropriation compensation, large numbersof charged due to their lack of access to fair and reasonable compensation, thus triggering adiscord between the Government and farmers, have seriously affected the social harmony andstability in our country.The most direct reason which caused land expropriation compensation disputes is theunfair land expropriation compensation, because our country in2004constitutionalamendment only rules the land compensation, but what are the principle to compensatewithout regulation, which makes in practice the compensation range, standard, method, andprogram many problems, the result is levied not get fair compensation of the special losssuffered by the government expropriation, which has aroused their discontent, and they couldnot find relief channels. This article is based on this background, to study the principle of faircompensation for land expropriation, and hoped that the establishment of the principle of faircompensation in land expropriation, to resolve the contradictions between the Governmentand the landless people, achieving a balance between public interest and private legal rights.The main body of a book text is allotted be four parts, total27,000words except theforeword, main content as follows:The first part is about basic theory of the principle of fair compensation. This sectionfirstly defines the connotation of the principle of fair compensation, on this basis, accordingto the views of other scholars, which indicates the theoretical basis of the principle of faircompensation special sacrifices that equality and public burden. And analysis of thesignificance of the principle of fair compensation of land acquisition compensation system toestablish, through analysis, I believe that the principle of fair compensation should serve asthe basis of a system of land expropriation compensation.The second part is the problem of the Land Expropriation design under the principle of fair compensation. That is under the requirements of the principle of fair compensation forland expropriation and compensation for the legal system how to design, which mainlyanalysis the land expropriation should be compensated for in what circumstances and how todesign the compensation scope and the compensation program.The third part is the analysis of the status of the principle of fair compensation in thecurrent land acquisition compensation system run, analyzed mainly from the entities andprocedures, pointing out its problems under the principle of fair compensation.Fourth part according to the third part of the problem, and in the first part of theprinciple of fair compensation under the guidance of basic theory, put forward the principle offair compensation in land expropriation compensation legal system in China in theimplementation path. This part is separately from the legislative, entity and procedure in landexpropriation and compensation system of our country to build to meet the demand of theprinciple of fair compensation.