On The Improvement Of Chinese Compensation System For Land Expropriation

At present, with the acceleration of Chinese industrialization and urbanization, the expropriation of rural land becomes a main avenue for increasing construction-use-land and enlarging the size of the cities. However, in the process of land development and utilization, the contradiction and conflict are extremely acute between public interests and private interests, public rights and private rights. The imperfection of legal system of current Chinese land expropriation causes the abuse of land expropriation right to a certain degree, therefore, the lawful rights and interests of land obligees are infringed and the appeal to the higher authorities for help, suits and mass emergencies by peasants take place in many areas, the number of which remains so high that the stability and solidarity of the society has been badly influenced.The present paper makes deep research on the major aspects and characteristics of Chinese land expropriation system, attaches special importance to analyzing the flaws and deficiencies of land expropriation system and discusses its advantages and disadvantages, success and failure and its future tendency, aimed to put forward constructive opinions and suggestion for the solution of the problems such as the loss of land resources, distribution equality of social wealth and mass appeal to the higher authorities for help by the peasants who lose their land, arising from land expropriation. As one realistic and urgent topic which attracts intensive attention from various social sectors, the present paper constitutes important theoretical and realistic significance to the construction of land expropriation system with Chinese characteristics, fully guarantee of the lawful rights and interests of the peasants who lose their land, protection and rational utilization of land resources and the promotion of the sustainable development.In order to give full play to economic results and social returns of land resources and solve various problems arising from land expropriation, the present paper begins with a real case concerning land expropriation in China and makes reflections on Chinese compensations system for land expropriation, which reflects the flaws and deficiencies of legal system and the legislation for land expropriation in China, mainly including the problems such as the irrationality of calculating compensation standards according to annual output, failure to formulate compensation standards for rural houses which are demolished and relocated, the hardship of having indirect losses compensated, single compensation means of currency and the ambiguity of benefited subjects. On the basis of Chinese reality and in combination of foreign practices and different current opinions, the present paper makes thorough research on the limitations of the current legal system for land expropriation in China and the room for its improvement, with discussions in combining theory with practice, especially having empirical study on the compensation for the loss of the right to the contracted management of land, the resettlement and social guarantee of the peasants whose land is expropriated and the specification of the object that receives the compensation. In the meantime, the present paper makes references of relevant foreign and domestic practices and examples and offers the alternatives to improve Chinese compensation system for land expropriation and practical legislative suggestions, such as specifying compensation principles, setting up compensation standards according to market price, enlarging compensation range, increasing compensation means, specifying the subject who receives compensation and setting up land requisition system, hoping to have some brainstorming for the better solution of current land expropriation.