The Analysis Of The Compensation Problem In Land Use Control

Land use control as the core content of contemporary land policy is refers to the government’s restrictions on land use main body behavior, its economic basis of land use adverse the external effects, namely the government interests on land compensation for the interests of the victims. If we ignore the compensation, the government is bound to abuse of land use control. If we abuse the land use control, it will lead to loss of social welfare. The train of thought in this paper is in accordance with "the land use controls---the land use control need to be compensated----compensation of land use control produce demand for Inverse Condemnation----the legislative design of Inverse Condemnation in our country".How to perfect the existing compensation policy, improve the efficiency of subsidy of incentive, and face the land use control compensation is an urgent problem to need to solve.This paper is divided into four parts:The first part:Basic interpretation of land use control and compensation in our country. It respectively explains the concept of land use control, conditions of compensation, the types of land use control and the question of whether or not to need to compensate.The second part:The theoretical basis of land use control compensation in our country. The externality theory, theory of land property right, the theory of d land right development are the theoretical basis of land use control compensation in our country.The third part:The practice of land use control compensation in our country. It analyzes from the relief of land use control compensation for property rights, the limit of development rights of land use control and the make-up of the compensation mechanism.The forth part:outside investigation of the land use control and the compensation policy. We analyzed the United States, South Korea, Germany and Taiwan area land use control and compensation system. Our goal is to develop our country land use control system and establish the compensation system for reference;The fifth part:legislative design of our land use control compensation in our country. The auth puts forward the principle of compensation, compensation standards, the type of compensation, compensation mode, the cognizance of the compensation and the legal relief compensation. Our goal is to perfect our country’s compensation system of land use control.