The Legal Defects Of The Collective Land Requisition Compensation Standard

The land is the foundation upon which the peasants live. Without the land, their basic means of livelihood will lose guarantee. Under the present circumstance that most of the rural collective land is widely expropriated, giving them reasonable compensation is an important way to ensure the basic life standard of the peasants whose land is expropriated. However,there are many problems in our current land requisition compensation standard, thus many landless peasants haven't got fully recompensed. The reason why the author chooses this subject as the research question of her thesis is that, she tries her best to find a way which can truly and fundamentally protect the interests of the landless peasants, to give them the most reasonable and fairest compensation. Meanwhile, the author hopes this thesis can draw attention and discussion of more men of insights. Thus, this guenon will be solved earlier and the Chinese peasants can live a happy life.This thesis uses the method of system elaboration and comparative analysis. Based on the basic theory of the collective land requisition compensation mechanism and learning from the advanced experience of other countries and Taiwan area, this thesis checks the defects of our current land requisition compensation standard and puts forward the legal strategies to reform and perfect our land requisition compensation standard. This thesis is divided into four parts except the introduction and conclusion.The introduction expands the research significance and the train of thoughts of this thesis.Chapter one is the theoretical analysis of the collective land requisition compensation standard. Firstly, this chapter explains the meaning of the collective land requisition and its legal basis. Secondly, it introduces the three principles of the land requisition compensation standard, which are wholly compensation principle, non-wholly compensation principle and fair compensation principle.Chapter Two is the comparative analysis of the land requisition compensation standard in foreign countries and in Taiwan area. This chapter briefly summarizes the current condition about his land requisition compensation standard in the United States, the Great Britain, Germany, France, Japan and Taiwan area. Thus their similarities in compensation principle, compensation standard, compensation range and compensation mode are clear.Chapter Three focuses on the collective land requisition compensation mechanism in our country and its defects. This chapter briefly introduces our current collective land requisition compensation standard. Then it points out the existing problems in this standard. Moreover, it analyzes the unfavorable effects this standard brings and why these problems exist.Chapter Four puts forward the legal strategies to perfect our collective land requisition compensation standard. This part reconstructs our collective land requisition compensation standard in principle, concrete system and other spheres. The principle construction includes fair principle, market pricing pimples and justly distributing benefit principle. The concrete system construction includes two aspects: compensative range and method. There are also some other factors such as the change of the land price, the total value of the land resources, the difference of the differential rent, which we must take into consideration.The conclusion part summarizes the main points of this thesis and elaborates the important meaning of construct a scientific and reasonable collective land requisition compensation standard.