Studies On The Compensation Mechanisms For Land Confiscation Under The Conditions Of Market Economy

Land confiscation is a kind of conduct for public purpose that force to require the land of other civil units with some compensation. In our country, land confiscation is the administrative conduct in the interest of the public, which transforms the collective-owned land into the state-owned one. The institutions of land confiscation engendered in the planned economy, and most of them are still employed currently, which in turn bring many social conflict and tangles for land, because so many social and economic conditions are changed. This paper tries to research the compensation mechanism of the land confiscation in our country and to find a right way for the development of Chinese socialistic market economy to realize the sustaining, healthy and steady development of the economy.According to the distinct conflicts and problems in the process of land confiscation in the past years, this paper, which is directed by modern economics theory, Marxist rent theory, the theory of collective-owned land and the literature of land compensation, starts with the study of Chinese current compensation standard for land confiscation, analyzes the difference between Chinese current compensation system for land confiscation and the ones in some other countries, and find out that the current institutions in this field show some great disadvantages.After the analysis above mentioned, the author points out that Chinese current compensation standard for land confiscation are not fit the development of our society and economy. And the way of deciding the compensation standard based on the annual production on original purpose is not reasonable and may be the principle reason for the current problems above illustrated. In the author's opinion, the compensation standard should employ "compensation based on price", and the prices should embody the quality condition, location and the relationship between supply and demand of the confiscated land. The decision of relative standard should employ different evaluation method according different background. At the same time, this paper also proposes the view that the lacking of the property of the countrycollective-owned land and the undue rights of the government results in the current unreasonable and inequality compensation standard and the losing of the benefits of farmers.The conclusions are that some improvement should be done to solve the problems in the compensation standard for land confiscation. The relative improvements include: 1. to reform and improve the institutions of land confiscation, and the methods are involved in (1) limiting the range of public land confiscation; (2) reforming the process of soil confiscation, (3) setting up scientific, reasonable and farmer-benefiting compensation. 2. to complete and reform the institution of land property rights and to define the subject of the land property rights.