A Case Study Of Compensation In Land Expropriation And Standard Of It

Regarded as the core issue of land expropriation, the compensation in land expropriation is correlated with the benefit of peasants whose land was expropriated and the smooth process of land expropriation. The policy is proposed in the Real Right Law which will be implemented on Oct 1^st, 2007 that the land belong to the expropriating community should be pay off the land compensation fees, resettlement fees, compensation of land appendage and young crops. The expense of social security of peasants whose land was expropriated should be arranged and ensure the daily life of peasants whose land was expropriated, furthermore, maintain the legitimate rights and interest of these peasants. Therefore, it is necessary that we take the issue of compensation in land expropriation into consideration from a new viewpoint, i.e. how to calculating the value of compensation.Throuth acquiring the relative working experience of western countries especially Japan, Korea, HongKong and Taiwan and partial costal region in mainland, we attain two acquaintances as follows: (1) The compensation in land expropriation is derived from land but in the final analysis the right is compensated, the lack of compensation in land expropriation is due to pay much more attention on the element of land and corrlate the compensation in land expropriation with land annual production value and income-time, ignore the requirement of human is changed with the development of society and economy. When the requirement of human is increased, the land annual production value is not increased correspondly or lag behind the increasement of human requirement. Thus the compensation in land expropriation is rather low. (2) The viewpoint that compensation in land expropriation is a variable process is not be cognized. The property of compensation in land expropriation is vairialbe during the process and this variation impact on the connotation of compensation in land expropriation and its calcuation methods.We propose a new conception of "three-step" in compensation in land expropriation based on the two acquaintances as above. The first is the compensation with pure admininstrative action. The compensation is administrative correspond to this property. The calculation of this model fulfils the demand of the basic life right of peasants whose land was expropriated which is called the Base Line for Compensation in Land Expropriation. The second is half-market action and the relative compensation is an equivalent exchange based on unity that is called the model of Equitable Cost Pricing. The connotation of compensation in land expropriation under this model is changed with the development of economy and society. It exceeds the range of land compensation fees and resettlement fees and pays more attention on the indirect loss. Moreover, we explore the land unity and separate it into two parts: the dominant and the recessive, thus we analysis the quantitative correlation between the two unities. The third is priced by market. The value of land is evaluated by agencies under this model. We emphasize on the design of mechanism and the limitation under present position due to the collective land tenure is involved.We analysis the correlations between the three price and the variation trend, whereas point out the applicable period and developing process of the three pricing model. The compensation model of land expropriation is not suitable to be same in different regions, at least in different provinces. The regions with developed economy and abundant local finance can carry out the Equitable Cost Pricing prior to the others. The peasants whose land was expropriated would be compensated indirectly with this method and the process of land expropriation could be regarded as an important way in urbanization. Taking the counties of Jiangsu province for example, we calculated the value of the land that was expropriated.Finally, we conclude the limitation and elucidate my standpoint on the issue of land expropriation.