Study On The Compensation And Resettlement Of Rural Land Expropriation

Compensation and resettlement issues of rural land expropriation is an important content of land expropriation system, accordingly, how to use the appropriate system design to carry on the reasonable compensation and resettlement for landless peasants, to solve the problem of their survival and long-term livelihood, to ensure their legitimate rights and interests not violated and get the effective remedy, is our country’s current major issues to research and solve. Therefore, this article embarks from the practice explore to study the compensation and resettlement issues of current rural land expropriation. In addition to the introduction, there are totally four parts of the body.The first part mainly defines the basic category, which is a pre-explanation of he research and development orientation. This paper argues that the basic idea to solve the rural land expropriation in "property law " is the principle of public interest, this implicates that, expropriation can be implemented only in the event that accords with the public interest and there is no theory of commercial expropriation. At the same time, along with the gradually general public perception of land value, human rights protection, the right remedy idea, the expropriated are no longer satisfied with simple compensation and resettlement, and the improvement of living standards, the improvement of the social security, but put forward higher requirements of the compensation and resettlement measures. So, "claim" to "land right to development" become the starting point and the foothold to research, perfecting the compensation and resettlement system of rural land expropriation.The second part introduces and evaluates the theoretical basis of compensation and resettlement of rural land expropriation, mainly introduces and analyzes the special sacrifice theory, fair burden theory, land right to development theory and the sustainable livelihood theory, not only fits with the pre-explanation in first part, also provides a theoretical basis for the perfection views of the fourth part.The third part mainly introduces the practice in Sanya Haitang Bay from an angle of empirical analysis of the compensation and resettlement of rural land expropriation, expounds the main methods and the beneficial experience of Haitang bay, including land expropriation compensation, housing and employment security, especially introduces the married female’s allocation of land expropriation compensation, amorous feelings town construction, multiple resettlement mode, which deserves the learn and reference of other areas.The fourth part suggests perfecting the compensation and resettlement system of rural land expropriation from the improvement perspective. First, as to perfect the system of rural land expropriation compensation, the paper mainly expounds the problem of "what to expropriate" and "how to compensate", namely, the object of rural land expropriation includes but not limited to the rural collective land ownership, but also includes the rural land use right and other land rights, we should expand the holders of the circle of expropriation compensation; as for " how to compensate ", this article thinks that we should give reasonable compensation according to the market value of the land. Second, as for compensation and resettlement way, this paper argues that we should realize the diversification of compensation and resettlement way, and the resettlement mode Haitang bay is worth our using for reference, namely the comprehensive rehabilitation mode of "monetary resettlement + housing resettlement + social security resettlement + re-employment resettlement + keep up resettlement". Third, to perfect the judicial relief mechanism of compensation and resettlement of rural land expropriation, the author thinks that we should introduce or perfect the judicial way to solve the compensation and resettlement dispute of rural land expropriation in order to improve the unequal relationship of the expropriating and the expropriated and to balance the legal status of both parties. The specific approach of this path is to restore civil relief right of the landless peasants about the compensation and resettlement dispute of land expropriation, and give them a civil lawsuit rights to sue to people’s court, then the people’s court should solve the expropriation problem of compensation and resettlement, in accordance with the civil procedure.