Compensation Extent Of The Expropriation Of Collectively-owned Land

The compensation extent of the expropriation of collectively-owned land is a veryimportant problem in the reformation of land expropriation. For the past, people paid moreattention to the compensation standard, but compensation extent is the basic value in thedecision of compensatory amounts. So, the best of way of protecting farmers’ property isboth enhancing the compensation standard and expanding the compensation extent at thesame time. By means of enumerating and analyzing the local legislation texts, in which wefind the problem, then we discuss the basic category of compensation extent and clarify therelationship of expropriation extent and compensation extent, the influence oncompensation extent of the theory of interest and the theory of organization, therelationship of compensation standard and compensation extent. Afterwards, we concludethat compensation principles are the premise, legal administrative acts are the basis,property compensation is the principle and loss extent determines the compensation extent.On above basis, we establish the elementary structure of compensation extent from thelegislation point of view. The legislation mode of compensation extent is compromisedmode, the concrete content of compensation extent should include the loss of property andthe loss of non-property. The loss of property contains the ownership of land, theownership of the ground attachments and the other rights generated from the land. Thenon-property loss mainly contains the loss of spiritual damage and the loss of right to life.At last, we draft some articles of compensation extent.