A Study On The Legal Issues Of Farmland Expropriation Compensation In China

De Soto believes that farmers tend to have relatively rich assets.What the farmers lack is a set of property rights system which can transform their assets into capital instead of assets themselves.For most farmers,the biggest assets are their farmlands and houses.The realistic and potential benefits of farmers in the particular time increase a lot.The compensation of farmland is contrary to the realization of the strategic goal of the new countryside.Compensation standards do not match the "three rural" policy which the central are continuing strongly concerning about.In other words,the farmers get benefits from the policy,but the government's obtaining a huge amount of financial revenue by the through the expropriation of farmers' land makes the farmers completely lost their rural policy bonuses which furtherly highlights the irrationality of compensation policy of agricultural land,and deepens the sharp contradiction between landless peasants and the government.The compensation policy of agricultural land is facing unprecedented real dilemma,witch force us to reform and improve the compensation system of agricultural land.The “win-win” right allocation pattern in compensation of agricultural land is attempted to discussed in this paper.There are five parts.The first part is the introduction,which introduces the characteristics of the rural policy in recent years,the background of the current land expropriation policy,which further leads to the problems,and the purpose and method of the study.The second part puts forward the problems of land requisition compensation,including the unreasonable compensation standards,the lower standard of collection of cultivated land,housing,land and other agricultural land,the compensation of cultivated land,obvious regional differences,the single resettlement mode,the unbalanced interests of government and farmers,and the undefined scope of compensation object.The third part is the analysis of the causes of the problems.Combining with the new rural policy,the actual economic development of the rural land expropriation,and the value of agricultural land,the author believes that the agricultural land compensation policy and the new rural change trend is not fit,the role of government is dislocated,the law does not recognize the criteria for the acquisition and loss of collective membership,and the laws and regulations specifically regulating the compensation for agricultural land are missing.The fourth part is about the lessons learned from the internals.The market operation mode in the reconstruction of city village,the "rights to none" model of Haimen Jiangsu,the resettlement mode in water conservancy construction are introduced.These patterns are comparable to the area of agricultural land that is closer to the market.The fifth part is the strategy selections of protecting the rights and interests of farmers in the compensation of farmland.With restricting the public right to protect the private rights the market-based collections in the form of legislation are proposed.The rights to choose the ways of placement and legal action given to the farmers,retaining land rights and interests of the rural public officials,and solving the problem of compensation for agricultural land from the legal system are both put forward in this paper.