Research On Land Expropriation Compensation Under The Background Of Three-power Separation Reform

The development of socialist modernization makes the process of urbanization in rural areas continue to accelerate,a large number of rural land is expropriated,the expropriation of rural household contracted land is also unavoidable,however,the development of compensation system lags far behind the speed of land acquisition.The household contract responsibility system is practiced in rural areas of China,the ownership of the contracted land belongs to the collective,farmers have the right to land contracting and management of the contracted land.With the further deepening of the three-power separation reform,the land contracting right person establishes the land management right above the contracted management right,reserves the right to the contract,transfers the management right,forms the situation of the ownership,the contract right and the right of management.Under this reform opportunity,it is timely to improve the system of rural land expropriation and compensation.This article attempts to analyze the rights of the land contracted by the family,the subject of the right to expropriate compensation,the principle of compensation,the standard of compensation and so on,put forward suggestions for improvement,hope that the farmland expropriation compensation system can be improved.This paper is a basic theoretical research paper,which mainly adopts the method of literature analysis and comparative study.In addition to the introduction and conclusion,this article mainly includes five parts:the first part is the analysis of the reform of"three-power separation" and the right upon the land contracted by the family,including the proposal and dispute of the reform of "three-power separation",traditionally,the right property of "the land contracted by the family",the analysis of land contract right and management right under the three right sub-view and so on;The second part is the analysis of the basic theory of land expropriation compensation,including the analysis of legal relationship of levy,the legal basis of the right of expropriation,legal relationship of compensation and the legal foundation of compensation and so on;The third part analyzes the definition of compensation rights holders;The fourth part analyzes the compensation principle and the compensation standard;The fifth part puts forward the perfect suggestions.The conclusion is drawn through the analysis of the whole paper:based on the right attribute of the land contracted by the family,under the reform of "three-power separation",the right holder of the compensation shall include the land owner,the land contractor and the land management person;The principle of fair should be determined in expropriation compensation;The compensation for expropriation should adopt the fair market price compensation standard.