The Research On China's Land Acquisition Compensation System

Along with economic development and the accelerated process of urbanization, more and more levy of rural land is inevitable. In it, the most central issue is levy compensation. Therefore, in many petition cases of land levy, the contradiction between land requisition and compensation is particularly prominent. Because of times change, the non-adaptability of old land requisition and compensation system is raised day by day; a lot of drawbacks began to expose. For example, the definition fuzziness of the requisition scope, narrowness of the scope of land requisition and compensation, mode singleness of land acquisition and compensation, low standards of land requisition and compensation, procedures confusion of land acquisition, etc. because of these problems, a large areas of arable land are lost; farmers livelihood is not security, social instable factors are increased.China has been committed to building a harmonious society, and strives to develop in stability. But we hardly realized that the biggest destabilizing factor is the three rural issues, in particular, the land issue. The solution of these agricultural problems has always been the primary issue in China's economic development. This is not only related to the part of the livelihood of farmers and social security issues and relates to a harmonious society building. Ability to solve the. immediate interests of landless peasants decided China's modernization process. In rural areas, land is the most basic means of subsistence farmers. Because the land is the social security of farmers, and their life and production must attach to the land. It can be said that once lose their land, farmers will lose their source of life. Moreover, with the development and progress of.society, land of the farmers will be increasingly far-reaching influence. Thus, the issues of giving full, fair and effective compensation to landless peasants and protecting the farmers'interests can not be avoided. Review world each country established a relatively complete land acquisition compensation system. And it was a place we can learn to reform of our system of land acquisition compensation. This paper attempts to study systematically and thoroughly on land acquisition compensation in our country, and to research a way to suit China's socialist economic development requirements.Full-text is divided into five parts. The first part is the basic theory of land acquisition compensation. Introduction of land acquisition compensation system from four aspects:the concept of land acquisition compensation, composition elements, the legal characteristics and the principle. This part provides a theoretical basis for the discussion below. First, by introducing the concept of land acquisition compensation in French and Japan, which is mainly leads to the definition in China. Followed by the legal characteristics of land acquisition, it is mainly from the collection of a specific subject, as well as the particularity of the object collection of compensation, as well as the purpose of the levying of the land for the public interest, as well as in areas such as compensation for the mandatory introduction. And then the composition element of compensation for land acquisition, which is mainly from four aspects of introduction, the premise that the public interest elements, the main elements, object elements, damage the interests of elements. Finally, the principles of compensation for land acquisition, it also adopts the world's customary three kinds of doctrine, fully compensated, it is not fully compensate for that and fair compensation, said. A comprehensive account China's economic development among other factors, our easy to use fully the principle of compensation is not fully compensated for the exception to the collection of compensation system. The second part introduces some problems about our land acquisition compensation system and gives their cause analysis. It analyzes the current situation, sets out some shortcoming in the land levy situation, compensation situation and in the land requisition compensation practices. If the conditions are not clear enough land acquisition, land compensation principle is not clear, land acquisition compensation standard is too low, the scope of reasonable compensation for land acquisition, land compensation mode single, mixed on the land acquisition compensation procedures, as well as land acquisition avenue of judicial relief perfect. Then it in-depth study the crux lies of China's land acquisition compensation system in, theory, institutional, economic, rule of law, four directions. And strive to solve the problem from the root. The third part is a brief introduction of the foreign land expropriation compensation system, and the enlightenment of it. By describing the legislative practices of United States,Britain, Canada, Japan and other countries'land acquisition compensation system, requires us to learn some successful experiences form them in our national conditions. Part V is to improve the idea of the legal system of land expropriation compensation in our country. It uses long passage to discuss from the legislative, administrative and legal redress. In addition to the rural in the constitution clearly stipulates the general principle of compensation for land acquisition, but also establish the principle of sustainable development of China's land expropriation system, the basic principles of compensation for land acquisition to strengthen the legislative provisions, clear legal responsibilities of various departments, easy to operate in practice implementation, do not buck-passing, changing phenomenon of landless peasants have recourse to redress. In the administrative remedies envisaged one, in addition to learn from successful experiences of foreign countries dedicated oversight body, but also improve the deficiencies in our own system to expand the land acquisition compensation disputes the scope of the ruling by the case, so that more land for cases arising out of acts can be resolved to fully protect the legitimate rights and interests of the peasant masses, and the perfect way for a decision on the relief. Judicial relief is envisaged, it is necessary to actively establish a system of judicial review in advance and strengthen subsequent judicial relief system to fully protect the independence of the judiciary and authority. The goal is to explore and formulate a reasonable land requisition compensation system, establish various support mechanisms and safeguard the survival, relief rights of landless peasants.This article is from the basis theory to put forward assumptions for China's reform of land expropriation compensation system—"Land Acquisition Act."At the same time, I hope that this paper can make everyone to raise their awareness of the urgency of land reform, implement the spirit of the Constitution, and deal seriously with peasants'issues. Above all, our country can do better and better on the road of building a new socialist countryside. Therefore, the only way of China's reform of land expropriation compensation system is earnest strengthening of theoretical study, bold exploration in practice, constantly improvement and summing up experience.