The Research On The Problems Of Emptiness Of Rural Land Collective Ownership And The Compensation Of Rural Land Expropriation

With the rapid development of urbanization and industrialization in China, the demand for non-agricultural construction land is increasing, and then, the land expropriation becomes the choice of the country to meet the needs of the reality. In recent years, the scale of land expropriation has been expanding, and the disputes caused by the compensation of land expropriation have become more and more serious, which has seriously affected the social harmony, stability and development. At present, the compensation of land expropriation has become the focus of the government and the people of our country. Since the 90 s of the 20 th century, many scholars have studied and discussed the problem of agricultural land requisition compensation from different angles, they tried to construct a new system of land expropriation and compensation, and reduce the actual conflict caused by the compensation of farmland expropriation. However, so far the problem of land expropriation compensation is still very prominent. This paper points out that the deficiency of rural land collective ownership is the root cause of the problem of land expropriation and compensation in china.Collective land ownership dummy is mainly manifested in three aspects: the absence of the farmland ownership, the incompleteness of the land collective ownership, and the over legal restriction on the ownership of rural land by the state in the exercise of rural collective ownership. So, the basic contradiction of the traditional land ownership system is that the collective members of the peasants are both the owners and not the owners. To a large extent, the farmers can not maintain their own interests in the process of land expropriation and compensation. Therefore, it is very necessary to study the compensation of land expropriation and compensation in the rural land collective ownership in China.In this paper, the author uses the literature analysis method to collect the related problems of the rural land collective ownership and the related problems of the compensation of the land expropriation. On this basis, this paper attempts to improve the agricultural land expropriation compensation system as the main line. This article starts with the analysis of China’s rural land collective ownership, and then analyzes the main problems in China’s agricultural land expropriation compensation through combined with the specific case in practice. The problems are mainly showed in three aspects: land expropriation compensation standard is too low and not to follow the market rules; the income distribution of land expropriation compensation is chaotic, which causes many contradictions; the compensation procedure is unreasonable, and the degree of participation is low. Finally, according to the above reasons and main problems put forward countermeasures and suggestions of perfecting the land expropriation compensation corresponding. These suggestions include: to accelerate the process of collective ownership of rural land; to establish a reasonable compensation standard for farmland expropriation; to improve the income distribution mechanism of land expropriation compensation; to protect the land requisition compensation in the land acquisition compensation procedure.The innovation of this paper lies in:(1) this paper studies the problem of land expropriation compensation from the perspective of the virtual collective ownership of farmland, and it can avoid the research into the concrete and trivial problems in the research of the agricultural land expropriation compensation. In my collection of studies in the literature, there are rarely people to study from this point of view.(2) The author aims at the existing problems of land expropriation and compensation, based on the principle of public ownership of land, standing on the main position of the farmers, and looking for the root of the problem from the deeper level of the system of agricultural land ownership. And on this basis, put forward the corresponding solution, both the future of the system vision, but also has the current specific programs.