A Study On The Compensation For Land Development Right

The state imposed the land of the citizens for the needs of the public interest.How to succor the citizens who suffered the loss caused by land expropriation become a major problem.The land expropriation compensation should contain the right of land development of which other countries had relevant system as early as years ago while the land expropriation compensation of China was just limited to the static compensation,taking the market value as standard.As a result,it intensified the antagonistic relations between the citizens and the government in the process of expropriation compensation.Many social problems caused by the significant difference of benefit distribution.Besides,there is no basis in the process of land expropriation,because the principles of compensation for land expropriation were not stipulated by the Constitution of China,the Land Management Maw and the Property Law.The land expropriation compensation should not only be limited to the static value compensation,but the compensation should also include the gain of land development which also was called the expropriation compensation of the right of land development.The citizens,who was expropriated their land,always could not get the gain distribution.This paper analyzes the problem of interest distribution of the increment of the right of land development which attracted the most concerned of citizens through the study of expropriation compensation of the right of land development.Then it discussed the compensation principle,scope,standard and method of expropriation compensation for providing new path to the relief of the expropriated in the land acquisition process.