Research On Rural Land Expropriation Compensation Based On Land Development Rights

With the continuous promotion of urbanization, the demand for land increases constantly, and land expropriation plays more and more important role during the process. Meanwhile, land disputes occur continuously. More than half of the disputes result from compensation for expropriated land. The landless peasants’issue has been an important problem for social stability. It requires in-depth study and proper resolve urgently. It is pointed out in the Eighteen Third Plenary Session of the Party that, we should establish a land value-added income distribution mechanism which take the national, community and individual into consideration and enhance the personal income reasonably. There is no doubt that it points the way for the land acquisition compensation reformation. It is of great significance to research how to balance the interests of all parties and strengthen the protection of arable land by adjusting land expropriation compensation mechanism. This paper carries research about rural land expropriation compensation from the perspective of land development rights. It tries to improve the land acquisition compensation path considering the general work guideline of making progress while maintaining stability.Firstly, this paper introduces some concepts, such as land acquisition compensation, land development rights. Besides, it studies some related theories, such as compensation for land acquisition theory, land rent theory, game theory and so on. Based on these studies, This paper analyzes the status and the development of current land requisition compensation in China. And then it chooses one land acquisition compensation model of "exchanging land for social security" which is practiced in Rugao City, Jiangsu Province for deep study. On this basis, an objective analysis demonstrates the necessity of involving the land development rights. Subsequently, the paper carries a comparative study of foreign land compensation modes and analyses the ownership of land development rights comprehensively for useful reference. Based on above studies, it puts forward the general path of land acquisition compensation based on land development rights. In other word, we could improve the land compensation standards through increasing the cost of land acquisition; allocate the land development value, which is the result of removing the costs of land acquisition from land transfer price, to country, the agricultural collective economic organizations and the land expropriation inhabitants reasonably.It will be beneficial to balance the interests of all parties, and enhance the level of land acquisition compensation to farmers particularly by allocating land expropriation compensation based on the land development rights. It could promote to carry out land acquisition work to some extent. On the other hand, this method could make the relationship between farmers and lands more close, and then makes the farmers be supervisor and practitioner of legal land usage. And then it could conducive to the realization of the basic function of development rights on protecting farmland land. Finally, this paper brings forward several specific initiatives about work which take Chinese current situation into consideration for achieve good outcomes.