A Study On The Marketization Reform Of Land Expropriation System In China

Land expropriation is a kind of land policy widely adopted by many countries in the world. The current land expropriation policy in China was formed in planned economy, which, at that time, exerted positive effects on the national economy. However, with the development of socialist market economy, its internal and external drawbacks gradually came out in the wash. Social contradictions resulting from land expropriation have occurred, especially those serious problems in terms of decreasing living standards and unemployment of the farmers, which affected the long-term stability of the society and eventually hindered the establishment of a harmonious society. Therefore, it is commonly acknowledged that reforming the current land expropriation system is of desperate necessity, involving those imminent tasks like studying, exploring and establishing a new land expropriation system.The thesis firstly analyses historical vicissitude of current land expropriation system in China and its internal drawbacks, then compares it with overseas and regions of Hong Kong and Taiwan's land expropriation system. In the foundation of analyses and compares four kind of academic patterns, namely further to consummate current land expropriation system; low price expropriation with market price purchase coexists; implements complete market purchase; implements the government requisition by purchase ,and three kind of typical practiced patterns in Nanhai, Jiaxing and Wuhu, then from the system vicissitude angle, follows the track of new round land expropriation system reformation in our country, proposed the future direction-marketization direction for land expropriation system reformation in China.In view of policy and the realistic background that our country constructs the socialism new rural areas and fast development of urbanization, the marketization reformation of future land expropriation system has to inevitably conforming to their basic requirement. Therefore, the thesis emphasizes on discussing these basal requests, and in the foundation proposed concrete way for land expropriation system marketization reform in our country:Firstly, perfects rural collective land property right, constructs the unified construction land market of urban and rural. Clearly limits the rural collective land property right for the villagers group all, through consummates "Rural Land Contracting Law", sets up the rural land development right to further to protect owner's legitimate rights and benefits. In this foundation to construct the unified construction land market of urban and rural, and perfects legal rules and regulations to the market from the macroscopic and microcosmic two aspects.Secondly, safeguards the farmer rights and benefits, carries out marketization of land expropriation compensation. Through to the front article four kind of theoretical patterns and three kind of typical practiced patterns comparative analysis, from the protection of arable land and safeguards the farmer rights and benefits the dual angle to consider, This thesis thoughts should to implement the government requisition by purchase system in the process of land expropriation, and the standard of requisition by purchase ,namely to the compensation standard, whose confirmation should be considered by one kind of compound angle of view, under the instruction of reasonable and fair principle, namely from the integrative angle to consider that land-lost farmer's land property benefits actual loss and the government's payment ability for land expropriation compensation relative to the price of the government sells the land. In very important assignment of increment income, it must add the content of rural land development right, causes the increment income obtaining the reasonable assignment among the government, collective and individual.Thirdly, correctly locates the government function, causes land expropriation operates standard. Localization of government function in the marketization reform should be the service government, mainly to locate from the macroscopic, regulation, management, service etc. Therefore, consummates correlation laws and regulations, the reasonable reconstructs land expropriation procedure, consummates supervisory and restrict mechanism of the government's land expropriation rights all are its function.Fourthly, the multi-ways consummates land-lost farmer's allocation and safeguard, maintains its long-term benefits. Under the market-oriented land expropriation system, land-lost farmer's allocation and safeguard more are completed through the market way. Therefore, for land-lost farmers to establish a comprehensive and reasonable social security system, then comes the operation through the market way, in addition carrying out the rural land joint stock system and right of use annual rent system, may inevitably safeguard land-lost farmer's long-term income.