| After the reform and opening up,along with the rapid development of China's economy and society,urbanization also accelerates.The rapid development of urbanization is bound to be accompanied by a large number of rural land expropriation,followed by agricultural land becomes more and more important.The influx of a large number of rural population into the city caused the urban overcrowding,causing a series of contradictions and conflicts.In this process,the government alleviates this contradiction and conflict by expropriating farmland around the city.Long-term since,our country on the compensation standard of farmland has many imperfections,expropriation compensation in 2018 had a historic progress,the first is compensation standard,followed by the farmers on the land have the absolute right to know all of this reflects our country focus on rural land expropriation compensation,and to the attention of the farmers.There are different opinions on the basic theories of land expropriation compensation.This paper analyzes the concept of land expropriation.Land expropriation refers to the strong expropriation of farmers' land by the state in order to meet the needs of public interests.The characteristics of land expropriation are analyzed.Land expropriation must be based on public interests.Land expropriation compensation is mandatory.Its essence is the behavior that the country power buys land compulsively,fundamental purpose is for lawful rights and interests.Then the historical development of land expropriation compensation system in China is analyzed.With the development of economy and the progress of policy,the policy and system of land expropriation compensation are constantly improved,which also reflects the changes and progress of The Times.The third chapter of this paper makes an in-depth analysis of the problems and deficiencies in the compensation for farmland expropriation.According to the draft,the compensation standard for farmland expropriation in China has been improved,which not only increases the amount of compensation,but also includes it into the social security system.Farmers also enjoy an absolute right to know,compensation methods are more flexible and diverse.However,there are still unreasonable phenomena in the process of land expropriation,the prescribed procedures are not well implemented,and the farmers who have been expropriated also have imperfect social security system.In the fourth chapter,the author learned from the experience of foreign developed countries in land expropriation compensation,the United States developed strict and complete legal procedures,Japan introduced neutral institutions for evaluation,Germany adopted flexible and diverse compensation methods,and the United Kingdom implemented sound legal protection.The fifth chapter takes changyuan county of henan province as a case study of the compensation mechanism of agricultural land expropriation,synthesizes the advanced experience at home and abroad,and thus summarizes a set of perfect mechanism of agricultural land expropriation compensation in China.After a comprehensive analysis of the compensation for agricultural land expropriation,this paper tries to improve the imperfection of the compensation for agricultural land expropriation in China,and draws lessons from some advanced foreign experience to conclude a set of relatively reasonable and scientific improvement mechanism.Specific measures to improve the settlement include the establishment of scientific compensation standards and compensation scope,the establishment of an independent arbitration mechanism to deal with land disputes.We should improve the procedures of land expropriation,compensation and resettlement,the security system for land-lost farmers,and explore flexible ways of compensation.This article from the basic theory to the concrete practice,attempts to propose a perfect solution from the system Angle of view,thus will have a very good guiding significance to the related farmland expropriation compensation question in the future. |
PDF Full Text Request