A Study Of The Legal System Of Land Expropriation Compensation

With the rapid development of economy and urbanization, more and more farm lands need to be transformed to constructive lands by land expropriation. While along with the establishment and improvement of market economy, the present land expropriation system becomes incompatible gradually. Our land expropriation system was brought forth in the period of planned economy, and many conditions have been changed presently, but the land expropriation system still remains the same. So this leads to many difficulties of the land expropriation, of which the compensation problem is most prominent. At present, there are lots of problems in land expropriation by governments and measures of compensation and settlements for the farmers who lost their lands, such as the confusion of land range, compensation, cost distribution and the settlements of the farmers. These problems caused the serious waste of lands and the farmers' living cannot be guaranteed which influenced the stability of the society. Therefore, it's urgent to establish a sound land expropriation system to speed up the development of the economy, enhance the invigoration of the economy and guarantee the constructive lands for economy. At the same time, whether we can compensate and settle the farmers well is closely related to the increase of agriculture efficiency and farmers' income as well as the agriculture stability. Thus, we need to do some research in land expropriation and seek out the just compensation. The author attempts to do a systematic and profound study in land expropriation system exploring a kind of impartial compensation standard, rational compensation measures, proper compensation procedure and effective relief approach in the hope of seeking out the appropriate compensation measures suited to economic development of our country, and providing some suggestions for the reform of our land expropriation system.The thesis consists of six parts, In the first introduction part, the author makes a comparison between land requisition and expropriation bringing out the important issue of land expropriation-land expropriation compensation. Chapter 1 is concerned with the concept of land expropriation compensation, the legal characteristic and constituents as well as the legal analysis. Chapter 2 deals with the argumentation of the land expropriation compensation applying the theories of privacy protection and rightsocialization in civil law, administrative compensation in administrative law and market disorder and government administration in administrative law. Chapter 3 deals with the legislative practice of land expropriation compensation in some other typical countries or areas such as U.S., Britain, Canada, Japan, Taiwan and Hong Kong. It also provides some experiences for our country. Chapter 4 is concerned with the shortcomings of the principles, range, standard, measures, procedure and relief as well as the proposals of the corresponding strategies for improvement. The last part is the conclusion of the compensation issue in our country's land expropriation system.With the demonstration of the theories and application, the thesis aims to define explicitly the compensation principles, expand the compensation range, enhance the compensation standard, enrich the compensation measures and provide the refined relief procedure in the compensation process of our country's land expropriation in order to protect the legal rights and interests of the farmers and guarantee the successful implementation of our country's construction programs. The thesis may contribute a little and do some help in China's economic development, the improvement of people's living standard, the reinforcement of stability and solidarity as well as the construction of the harmonious society.