Exploration Of The Compensation System For House Expropriation On Collective Land In China

In recent years,the rapid development of China’s urbanization has driven the pace of economic growth,and the comprehensive strength of cities has been continuously enhanced.All regions begin to consider the scale and layout of key urban areas,so the problem of rural collective land expropriation is inevitable.The scale of housing demolition on collective land is expanding,and the problems caused by it have attracted great attention of the society.China has failed to formulate special legislation and norms applicable to collective land expropriation and compensation,and the norms of collective land expropriation and compensation are only scattered in the form of general provisions in the constitution,civil code,land management law and regulations on the implementation of land management law.The newly revised land management law in 2019 has a clear and detailed specification for land expropriation compensation,which has great guiding value for solving the problem of housing expropriation compensation on collective land.The expropriation compensation on collective land is related to the interests of the government,developers and farmers.In the process of compensation for housing expropriation on collective land,only by effectively protecting the needs of the expropriated in terms of subject,procedure and relief rights and interests,providing corresponding compensation as far as possible,and doing a good job in follow-up employment training and social security,can the contradiction be effectively controlled.This paper takes the compensation system of housing expropriation on collective land in China as the research object,using the methods of literature research and empirical analysis.Literature research is to search the existing domestic and foreign literature on land expropriation compensation system by querying the professional database,analyze the domestic and foreign theories on land expropriation compensation,explore the previous achievements in collective land expropriation compensation,and classify their views,so as to provide theoretical basis for this study.At present,the domestic academic research on collective land and attachments mainly includes the research on the basis of expropriation compensation,the research on the scope,standard and mode of expropriation compensation,and the research on homestead expropriation compensation.In the analysis of this paper,using empirical analysis method,this paper analyzes the unreasonable problems in the process of compensation for housing expropriation on collective land in Liuzhou City,Guangxi.At present,Liuzhou city has summarized the problems encountered in the acquisition of collective land,and timely revised and printed a number of Interim Measures on compensation for housing acquisition on collective land.However,in practice,there are still many problems,such as the identification rules of legal area are not unified,the definition of compensation and resettlement population is not clear,housing expropriation and people’s interests are not unified,the compensation standard is not unified,the compensation scope is not scientific,the resettlement compensation methods are not rich,and the monetary compensation evaluation is not objective.There are some similarities in the problems existing in the implementation of the compensation system of housing expropriation on collective land in China.By analyzing the causes of such problems,this paper puts forward some suggestions for improving the compensation system of housing expropriation on collective land in China.In addition to the introduction,this paper is divided into four parts.The first part is the research on the related concepts and theoretical basis of collective land expropriation compensation system.First of all,I studied the concepts of collective land,collective land use right,housing on collective land,housing expropriation and resettlement compensation.Secondly,it focuses on the theoretical basis of compensation for land acquisition and resettlement.The more well-known theories include the theory of vested right,the theory of land utility,the theory of fair burden and equality,and the theory of special sacrifice.The theory of fair burden equality and the theory of special sacrifice not only protect the legitimate rights and interests of the expropriated,but also protect the form of the public power of national land expropriation,which is now generally recognized as the theoretical basis of national compensation.The second part is the current situation of the compensation system of housing expropriation on collective land.Firstly,it analyzes the current legal basis of collective land expropriation compensation in China.Secondly,this paper analyzes the current situation of the compensation system of collective land acquisition in Liuzhou City,such as determining the scope of collective land acquisition,formulating the compensation and resettlement scheme of collective land acquisition,household survey of land acquisition and household survey of house demolition,determining the number of people to be resettled,the compensation and resettlement mode of the houses to be demolished,and so on The current situation of the implementation of the social security of the expropriated farmers.The third part is the analysis of the problems and reasons in the implementation of the compensation system of housing expropriation on collective land.This part mainly takes Liuzhou City as an example to analyze the problems and causes in the implementation of the compensation system of housing expropriation on collective land.For example,the legal area identification rules of housing are not unified,the definition of housing compensation and resettlement population is not clear,there are some problems in housing expropriation,such as the government and the people competing for profits,the housing expropriation compensation standard is not unified,the housing expropriation compensation scope is not scientific,the housing compensation and resettlement method is not sufficient,and the housing monetary compensation is difficult to evaluate scientifically.The fourth part is the improvement of the compensation system of housing expropriation on collective land.First of all,it puts forward some suggestions on the establishment of a unified compensation system for collective land expropriation.On the basis of establishing the principle of full compensation,we should consider the compensation for the right of residence attached to the house and farmland production security rights and interests.Secondly,make clear the connotation and extension of public interest.Public interest is defined by listing and excluding.Thirdly,it puts forward some suggestions from the aspects of clarifying the compensation standard,expanding the compensation mode and standardizing the compensation procedure.Finally,it is suggested to improve the right relief methods after compensation,such as judicial relief,non litigation relief,legal aid and other dispute resolution mechanisms.We hope to maximize the protection of the legitimate rights and interests of the expropriated,and also hope to help the smooth progress of urbanization and maintain the harmony and stability of social order.