Study On Compensation Standards For Rural Collective Land Expropriation

With the rapid development of urbanization in recent decades,urban land is more and more difficult to supply the needs of economic and social development,and the problem of rural collective land expropriation is more and more inevitable.However,rural land is not only an important property rights and interests of farmers,but also a long-term livelihood guarantee for farmers.If we continue to compensate according to the compensation standard for land expropriation based on the annual output value of the original land,we will not be able to ensure that the original living standard of the farmers who have been expropriated does not fall,and their longterm livelihood is guaranteed,and the disputes caused by the compensation for land expropriation are bound to become increasingly fierce.In the process of compensation for rural collective land expropriation,the fundamental way to settle the contradiction of land expropriation is to fully protect the substantive rights,procedural rights and relief rights of land right holders and to give them fair and reasonable compensation.Looking at the legislative evolution and development practice of the compensation standard for land expropriation in China,there are still some problems,such as the low compensation standard for land expropriation,the disunity of the formulation of the compensation standard for land expropriation,the defects of the implementation procedure of the compensation standard for land expropriation,and the non-litigation nature of the dispute over the compensation standard for land expropriation.These problems have become the root of the threat to the stability and development of society.It is of great significance to solve the problems existing in the current compensation standards for land expropriation as soon as possible,not only related to the balance of interest's distribution among the state,the collective and the farmers,but also related to the prosperity and stability of the society.This paper includes three parts: introduction,body and conclusion.In addition to the introduction and conclusion,this paper is divided into four parts.The first part is the basic theory of land expropriation compensation.As the theoretical basis and the premise of continuous improvement of the rural collective land expropriation compensation standard,the research on the basic theory of land expropriation compensation has an important role.Therefore,this chapter starts from the logic of land expropriation compensation,then expounds the theoretical basis of landexpropriation compensation,and then introduces the models of land expropriation compensation standard.Finally,discusses the relationship between land expropriation compensation standard and land development right.The second part is the legislative evolution and development practice of the compensation standard for land expropriation in China.At the beginning of this chapter,we have sorted out the three stages of the legislative evolution of the compensation standard for land expropriation in China,so that we have a clear understanding of the adjustment track of the compensation standard for land expropriation,and then focused on the development practice of the compensation standard for land expropriation in China and the compensation standard for land expropriation in the pilot area of reform It's a good experience of reform.The third part is based on the current legislation and development practice of the compensation standard for land expropriation in China.The compensation standard for collective land expropriation in rural areas in China is low,the compensation standard for land expropriation is not unified,the implementation procedure of the compensation standard for land expropriation is defective,and the dispute on the compensation standard for land expropriation is non-litigious.The reasons are analyzed one by one.The fourth part is to adhere to the problem-oriented approach.In view of the problems existing in the compensation standards for land requisition,referring to the useful experience of relevant foreign countries and some reform pilots in China,the author proposes to build a scientific and fair compensation standard for land requisition,improve the implementation procedures for the compensation standard for land requisition and improve Rural collective land expropriation compensation standards and other dispute resolution mechanisms provide institutional recommendations for China's rural collective land expropriation compensation standards.