A Study Of The Income Distribution Of Rural Land Expropriation Compensation

Under the dual division of social structure between urban and rural areas, the disparity between the legal system and the complex rural economy and social life is notably apparent, and the existing law which is difficult to meet the judicial practice. The problems, such as the qualification of membership in the rural collective economic organization and the protection of rights for "out-married women" haven’t been resolved so far. The reform measures such as the land scale management, the permission of rural land circulation, rural land invested as capital stock in the new round rural reform and development are unprecedentedly new concepts and modes. All of these problems intensify the conflict between reform practice and original system as well as the legal vacancy and policy in advance, mix the original issue of land circulation and the influence of new legal problems. Therefore, justice will face a law applicable problem of a new type of land expropriation dispute. Former Prime Minister Wen Jiabao proposed that arable land should be maintained at least 18 billion Mu. Up to 2013, the agricultural acreage in our country has decreased by 120 million. The local soil shows a worsening trend and the quality of farmland is worrisome. As a result, land resources are gradually becoming a kind of scarce resource. In addition, the mass disputes triggered by the land circulation and expropriation emerge in an endless stream which are widely concerned by some scholars and practitioners.Along with the land expropriation, the income distribution of rural land expropriation compensation has long been existed, which produces all kinds of unsolved problems. This type of dispute involves law theories of "public interest" and "qualification of organizational member". Though both theorists and practitioners have discussed it together, they did not reach a universally accepted standard. "Public interest" involves the legitimacy of land expropriation. It is supposed to be the first issue to be resolved in the rural land expropriation compensation. Moreover, the "qualification of membership in the rural collective economic organization" is concerned with the basic stability of rural areas, which is the Realistic question faced to the income distribution. At the same time, because of the narrow scope, low amount and rough procedure of compensation, a lot of disputes are caused. As a result, it is in great need to renew and reset the income distribution of rural land expropriation compensation."Public interest" is based on the blueprint proposed by the developed countr-ies in Europe and America. It strives to constantly perfect the planning of land use, strictly restrict the power abuse of expropriation and prevent the expropriation demolition for the sake of "public interest", which is harmful to the fundamental rights of farmers. As for the qualification of membership in the collective economy organization, now it generally prefers "new compound theory". It takes the land, census register and collective economy organization into consideration instead of adopting single judgment model. Farmland should be the precondition for the qualification of membership, registered permanent residence should be the form factor of the qualification of membership, and collective economy organization is the organizational factor of the qualification of membership. What’s more, the qualification of membership has both the static standard and dynamic standard. In order to solve the rural land expropriation compensation problem, it is also necessary to clarify the principle, procedure and other related matters of land expropriation, and improve the relief approach when the right of the person whose land is levied is infringed.