Compensation System For Collective Land Expropriation Research On Defects And Improvement Path

China's collective land expropriation compensation system is gradually established through decentralized legislation.During the years of collective land expropriation compensation practice,the problems exposed are also improved through the revision of the norms.However,in the current practice of collective land expropriation compensation,many problems can still be found,and public interests are regarded as expropriated land.The sole purpose of land has reached consensus,but it is still difficult to incorporate public interest assessment into the collective land expropriation procedure.In reality,there are still collective land expropriation through pan-public interest,land expropriated is difficult to ensure the use of public interest,and the subject of expropriation and compensation are consistent,and the government is the main body to exercise this subject on behalf of the state.The overlapping of powers and roles makes the government play not only athletes but also referees,which can easily lead to "political antagonism".Groups of incidents and violent incidents caused by land expropriation have also aroused heated discussion in recent years.The protection of private rights still needs to be improved.Some of the other rights on collective land have not yet been clearly defined whether to compensate or not,and some have to make clear progress.Compensation but lack of corresponding matching system and become mere formality.The lack of market-oriented mechanism in compensation standard makes pricing difficult to be convincing.The compensation method is too single to guarantee the long-term livelihood of landless farmers.The main rights of landless farmers are insufficient in the process of compensation for land expropriation,thus it is difficult to voice their rights and interests and damage their interests.Land expropriation compensation dispute resolution methods have been applied to a certain extent,but a complete land expropriation compensation dispute resolution mechanism has not yet been formed.In order to better serve the urbanization construction which is being carried out in our country and will be accelerated step by step in the future,and reduce the contradictions and disputes caused by collective land expropriation,we should give targeted solutions to the above problems,join the pre-procedure of public interest identification,evaluation mechanism and relief ways,take the compensation of beneficiaries as the determination principle of the main body of land expropriation compensation,and collectively.The other rights of land should be independently compensated within the scope of compensation,so as to realize the marketization of compensation standards and diversification of compensation methods,strengthen the protection of the main status of land expropriation compensation for landless farmers,and construct a coordinated dispute settlement system for land expropriation compensation,so as to make the reform of collective land expropriation compensation system go smoothly.