On The Scope Of China’s Rural Land Expropriation Compensation

In recent years, with the acceleration of urban-rural integration, the problems whichappeared in the process of rural land expropriation have become increasingly prominent andsharp, and also caused a lot of the government departments and scholars’ attention. In view ofthis situation, there has been a hotly debated topic in China in the year of NPC andCPPCC,that is rural land reform to let farmers on the land real benefit. And the third plenarysession of the eighteenth on rural land reform which makes arrangements from three mainaspects mainly includes: in accordance with the planning and control on the usages of ruralcollective construction land allowed to enter the market, and enjoy the same rights and thesame price with State owned land; on the basis of clearing the collective ownership, stablinghousehold contract right and livening the right of land management,allowing the right to landcontractual management to mortgage financing from financial institutions; carefully andsteadily pushing forward the farmers housing mortgages, guarantees and transfer, exploringthe channels for peasants to increase property income.From the trend of land reform,we cansee that the farmers’ admitted rights and interests scope in the land is constantly expanding.And the protection of farmers is also strengthened.The biggest problem appeared in the rural land expropriation is the issue ofcompensation, including the compensation principles, compensation standards, compensationscope and expense allocation/distribution. However, each part of these aspects has someproblems, and the related legislation also needs improvement. Therefore, in order to speed upthe construction of a reasonable rural land expropriation compensation system, many expertsand scholars offer advice and suggestions from a comprehensive and macro perspective. Inthis paper, the author will discuss one aspect of rural land expropriation compensation, whichis the compensation range, from a more specific point of view. First of all, by exploring andanalyzing the legal basis of compensation of land expropriation, the author will prove thenecessity and legitimacy of the compensation and confirm the compensation principle, so thatthe compensation principles can be used to guide all the aspects of compensation. Secondly,from the angle of integrating theory and practice, by analyzing the farmers’ Rechtsschutz andtheir profits loss which attached to the land due to the loss of their land, the author think thatthe farmers’ loss should be considered as the compensation range and insist to compensating if there is any loss. For customary rights which are not recognized by the legislation, throughinspecting and researching their pervasive practical existence and the current policy guidance,the author advocates that this kind of right should be protected by legislation, and thecustomary rights should be treated as legal rights and gain protection, which are not only inline with the government’s policy to safeguard farmers’ benefits, but also conform to thedevelopment tendency of Rechtsschutz in legislation. Thirdly, by comparing the stipulationbetween domestic and foreign compensation ranges, and analyzing the compensation range ofChinese legislation, the great difference between legislation and practice has beendemonstrated, and the prominent problem between the narrow compensation range and theimperfect legislation also has been highlighted. As a result, all of these problems will goagainst the protection of farmers’ rights and interests. Finally, according to the basic situationof our country and the deficiencies of compensation range, the author suggest that thelegislation should be perfected, and also advocates that farmers’ points of view should beconsidered in these laws. It is not only necessary to protect farmers’ real rights and interests,but also to respect for and protect the rights to development.The purpose of this paper is on the basis of the analysis of the domestic status quo aboutland compensation range, referenced to relevant provisions in other countries and China’sTaiwan region, combined with China’s actual situation and proposed expedient suggestions ofland compensation range.The author’s main views is the farmers’ customary rights should beturned into legal rights. As a result, this kind of interests and rights will be protected andcompensated.