Study On Protection Of Property Rights And Interests In Rural Land Expropriation And Compensation System

Collective land expropriation is the most stringent restriction over collectives and farmers' private property cause of public power.Because of the lack of a unified Regulation on the Acquisition and Compensation of Rural Collective Land,and a large number of instructive measures in departmental regulations,normative documents haven't been universally applied due to their low legal level have led to a series of problems in China's collective land acquisition procedures,compensation system,resettlement system,which lead to seriously threaten towards the property rights and interests of landless peasants frequently.Such as "Public Interest"ambiguity,the scope of compensation is too narrow and the standard isn't reasonable,underestimate settlement and lack of diversified measures of resettlement,the disadvantaged position of landless peasants and their right to acknowledge is not guaranteed etc,.Based on the basic definition and features of rural land expropriation and compensation,the assay analyses the dilemmas and existing problems of the currant system in protecting landless peasants property rights and interests by combing the laws and regulations that constitute the current system.Through research and interview of the problems and experiences in the compensation case of XX Yi minority Village in C Prefecture,reference and inspired by advanced methods of the land expropriation system in Germany,France and the United States,the assay tries to provide suggestions for improve the protection of peasants' property rights.Specifically,promulgate the Regulation on the Acquisition and Compensation of Rural Collective Land as soon as possible,to provide regulations on the conditions,procedures,compensation,resettlement of land expropriation systematically.It should include various beneficial experiences for the protection of landless peasants' property rights.To comprehensive reform and improve of the compensation system,the resettlement system and the dispute resolution mechanism.Also,to improve farmers' awareness of the rule of law.