The Urban Village Land Expropriation Compensation System Reform

Land is not only a kind of natural resources,which provide all species,including humans,live,the material basis for the survival and reproduction,and generates huge wealth,promote the development and progress of human society.To become the important farmar humans create economic value is determined by the scarcity of land.The current Chinese face difficulties and contradictions,is to promote market economy high speed and to protect arable land;To maintain public interest and can't ignore the public interests.It will form a relationship between two of the game,how to balance their relationship,both economic development and alleviate social contradictions,has become the focus of the whole society.In this paper,the basic theory of land development rights,the paper introduces how to land development rights in the country or region outside of our practical situation and discusses the current our country about the land right to development and realization of reason to the land development rights law issues such as systematic argumentation.From the three stages of land development rights system development,infancy,create respectively stage and later stage of development.The three practice pattern of land development rights,respectively is the state-owned land right to development mode,the land development rights in the United States private mode and land development rights in France sharing mode.The introduction of land development rights,it is to solve the problems of urban village land expropriation system of medicine,it can effectively relieve the contradictions of society,to solve the problem of insufficient with system.Although our country land rights configuration system did not incorporate the land development rights,but the research on land development rights,fruits in academia.Guided by the theory of land development rights,for the village land expropriation compensation system reform train of thought,is the current land expropriation system innovation and breakthrough.Along with urbanization,industrialization process accelerating,the transformation of village inside city construction has become a development as manoeuvring begins,many cities in the process of transformation of village inside city construction,land expropriation compensation to the construction of urban village reconstruction is difficult and hot issue.Thethird plenary session of the 18 points out,the state should be "safeguard farmers' fair share appreciation income of land",therefore,in a fair way to ensure the economic interests of residents to share land village inside city,also is the requirement of the central policy.In guangzhou tianhe ling xintang village and the village of two different economic development present situation and position,the social conditions of urban village as an example,the field investigation,respectively,in a variety of forms such as in-depth interviews and questionnaires to collect the villagers for compensation standard,the way and method for specific advice.This article around our country land development rights to the land compensation practice background,operation mode,the system of value,the reform of revelation,a new idea of the legal system of land development rights in China is proposed.At the same time,analysis the villagers of urban village reconstruction in land expropriation,the compensation way,the attitude and land expropriation compensation of land expropriation policy will,specific analysis of the plight of the urban village land expropriation compensation work and the reasons.Thus,this paper argues that urban village land expropriation compensation is rooted in the land development rights and interests of the many problems of allocation injustice,namely the change of land use to produce the huge economic interests are not reasonable allocation.For this reason,based on the land right to development theory as the analysis tool,the lack of specific analysis to clarify the current compensation system,the limitation of the urban village house property attribute,in the process of urban village land expropriation and the developmental collective interests failed to involve the villagers and the villagers,because the land expropriation compensation standard is too low,the villagers actually receive compensation fails to satisfy the life needs.At the same time,this article through to the analysis of the existing system and policy,put forward the reform of urban village land expropriation compensation system guided by the theory of land development rights,to distinguish between the natural value and social value of land value,pay attention to the sustainability of the land compensation benefit distribution feasible Suggestions,such as the integrated use of the land right to development theory to explore and establish the urban village land expropriation compensation mechanism of legal and rational,fair and effective.