Research On Collective Land Expropriation Compensation System

The system of collective land expropriation compensation is a system through which thecountry gives loss compensation to the landless people after expropriating collective land inthe interest of public according to law. This system is the key point of Legal reform, but thereare still a lot of problems. To build and improve the collective land expropriationcompensation system, not only conducive to the protection of the individual rights of thelandless farmers, but also good for the development of China’s urbanization. Although thereare many researches on this system, but few of them combined with our dualistic landproperty rights system and social security system. This paper argues that，China’s collectiveland property rights system is different from the extraterritorial agricultural property rightsystem mainly in the three areas: First, In the background of the land duality, the connotationand value of collective land property rights must be less than the property rights ofstate-owned land. Second, China has implemented a system of land use control, this system isequivalent to extraterritorial agricultural land development rights system which means that inour country, the right to development of the agricultural land belongs to the State, and farmers’land property right is stationary. Therefore, China’s collective land property right is not richerthan the extraterritorial agricultural land property right in the content. Accordingly, collectiveland expropriation standards also should be different. In addition, because of China’s ruralsocial security system has not been established, which makes the land become the traditionallivelihood security of farmers. Therefore, to successfully carry out the work of collective landexpropriation, in addition to compensate people whose land is expropriated, eradicatingfarmers’ attachment emotions of the land is very important. The best way is using real ruralsocial security to replace the land security. This paper refers to the rural social security systemis not only for landless farmers, but for all farmers.Along the above lines, this paper consists of three parts. The first part combs the lawsand regulations about collective land expropriation compensation since the founding of China,then divides them into four stages. The second part, on the basis of the stage division, sums upand analyzes five problems of the system. The five problems respectively is: the landcompensation is low，compared with the transfer fee of state-owned land use right，thecompensation is too low，the mode of compensation payment is unreasonable，the landless farmers social security system is inadequate，the job placement is ineligible. The third part isabout suggestions for improvement of the collective land compensation system in threeaspects. First of all, to perfect the collective land compensation system, we should understandits special object, namely, collective land property right. This part is divided into three smallerparts: the legal content of the collective land property right; its economic values; thedetermining time for collective land property right; Second, to perfect collective landcompensation system, we should establish the social security system in the first place; Finally,based on the above analysis, I will give some suggestions for improving Chinese collectiveland expropriation compensation system, containing three main aspects: to determine a faircompensation principle， to establish specific compensation standards， to reform thecompensation payment mode.