Study On Compensation For Rural Land Expropriation Procedure In China

“Land is the mother of all things and the source of wealth.” For farmers, land is the important guarantee to the survival of them and their "lifeline". However, with the development of social economy, urbanization and accelerated the process of industrialization, a large number of rural land is expropriated and requisitioned. But since ancient times China is an agricultural country. The number of people is too much on the contrary the land is less. So a large collection of rural land directly will cause the decline of arable land. The situation to our country's food security is a wake-up call. In addition, for a long time our country is affected by the "Heavy entity and Light procedure" ideology. It leads to the lack of unified effective land expropriation procedure, and land expropriation subject landless farmers' legal rights have been illegal. So in order to keeping our country 1.8 billion red lines, avoiding the waste of land resources, safeguarding the legitimate rights and interests of land-lost farmers, we should establish justified land expropriation procedures. Because of land expropriation compensation program problems associated with the immediate interests of the farmers most closely, the author mainly analyzes the process of land expropriation compensation program research to improve the procedures of land expropriation compensation, and effectively safeguard the legitimate rights and interests of landless peasants, on the basis of maintaining the farmers' basic living standards.From the point of full text structure, the paper mainly is divided into three parts. First are the basic problems in the procedure of our country rural land expropriation compensation. Second is the present situation of our rural land expropriation compensation program analysis. Last is the improvement of the rural land expropriation compensation program.The first part is the basic problems in the procedure of our country rural land expropriation compensation. The part mainly discusses two aspects: the content of the rural land expropriation compensation in our country and our country rural land expropriation compensation program. Rural land expropriation compensation is the compensation of land expropriation procedures entity rules and regulations. By the entity system of content analysis on the meaning, characteristics and significance, make for the further research program of fundamental problems. About the definition of the program, the author from macroscopic, middle view and microcosmic three levels of analysis finally insists that the macroscopic of defining compensation program is best. But we will expand the program to the supervision and relief stage. By the analysis of features of the program we think that it not only has the characteristics of administrative compensation procedure, relief flexibility compound also has its uniqueness. The paper discusses the functions of the program that is also introduced in detail, and the author thinks that the program could not only ensure participation of the farmers but also effectively restrict administrative subject "wild" exercise of administrative discretion.The second part is the present situation of our rural land expropriation compensation program analysis. This part mainly introduces the current rules on the regulations of laws and regulations in our country. Because of the lack of special land expropriation compensation procedural law, the provisions of the program is only scattered distribution in the "land management law", and the "land management law implementation regulations or rules in some sectors. Through to these rules, laws and regulations conclude, the specific steps of the program are making solutions, announcements, registration of compensation, pay for compensation and deal with the dispute. In the article the author also summarizes land expropriation compensation program that exists in the public interest that lack, loss of landless people rights safeguard mechanism, the defect of hearing procedure, such problems as lack of procedural norms as well as the causes of these problems.The third department is the perfection of our country rural land expropriation compensation program.This part mainly chooses France, Japan, Canada, Australia, Britain and the United States. The paper studies the several countries.By comparing the analysis; author thinks the land expropriation compensation program in these countries which is more perfect. We think that the several aspects of thought in these countries is worthy of reference for our country and learning, such as the "public interest" purposes expropriated special review, ensuring maximum participation and improving the system of land expropriation compensation relief etc.Combined with the analysis of the above content, the article finally on the basis of following the principle of open, fair, efficiency, and participation, put forward some rationalization Suggestions. Specific as follows: increasing Procedure of recognizing public interest, Establishing clear rules of procedure of land expropriation compensation, improve the operation procedure of land expropriation compensation and perfecting the land expropriation compensation program of relief.