Research On The Legal System Of Collective Land Acquisition Compensation

Rural land is the most basic means of production for farmers and a reliable guarantee for farmers.However,with the further improvement of China's industrialization level,with the continuous deepening of urbanization,the scale of land use required for the construction of the entire city will increase.However,due to the obvious legislative lag in China's land expropriation system,coupled with the short-sighted behavior of some local governments,the rural collectives and the farmers' own legitimate rights and interests have been seriously damaged in the process of land expropriation,which triggered a large-scale petitioning of farmers.It has become a major obstacle in the process of social stability and harmonious development in recent years.In order to realize that the land acquisition compensation mechanism can truly meet the needs of urban development,it is necessary to reform and improve the current land acquisition system in China.Therefore,studying this topic can not only realize theoretical innovation in this field,but also have important realities significance for China's urbanization construction.The structure of this paper is mainly divided into four parts.The first part first expounds the theoretical connotation of the collective land acquisition compensation system,and discusses it from three aspects: concept,characteristics and legal basis.Then it introduces the compensation system of collective land acquisition in China,and focuses on the development of land acquisition system from the founding of the country to the present,and the practical exploration and experience of collecting compensation for collective land in different regions of China in recent years.The second part discusses some defects and shortcomings of China's institutional construction in this area from three aspects: public interest,collective land expropriation compensation process and mechanism.The main problem is that the definition of public interest in China is not clear,and the public interest is expanded at range in practice.The land acquisition procedures are imperfect and the participation of farmers is relatively low.Compensation for land expropriation is unscientific,the scope of compensation is too narrow,and the compensation standard is too low.The third part compares and analyzes the institutional design and outstanding features of land acquisition compensation in developed countries and Taiwan,mainly focusing on the land acquisition legislation concept,compensation process and standards.Then comprehensively compiling the land expropriation compensationsystem in these countries,the following points have implications for China: First,there is a complete land acquisition legal system.second,the principles in land expropriation are clarified.And the third is to formulate detailed The compensation standard.And the fourth is to build an efficient dispute resolution mechanism.The fourth part puts forward some suggestions for perfecting the compensation system for collective land acquisition in China.The general idea suggests that the public scope should be strictly defined,the principle of land acquisition compensation should be established,the land acquisition legal system should be improved from the legislation,the attribution of land acquisition compensation rights should be clarified,and the land development rights should be set.The specific measures are to expand the scope of compensation for collective land acquisition,scientifically formulate compensation standards,enrich the compensation method for collective land acquisition,increase the participation of land-losing farmers in the collection process,and improve the relief channels for collective land acquisition.