Economic Analysis Of Land Requisition And Compensation System On Chinese Rural

Land expropriation is the behavior the government forces to obtain other people's land for the public interest need,and to give them the compensation legally. Along with our country industrialization and urbanized advancement's quickening,the countryside land expropriation's scale is also getting bigger and bigger.The land transforms into the non-agricultural use becomes the inevitable product for in urbanized advancement.Land expropriation gradually becomes the country's principal means to obtain the non-agricultural construction land that give the important support and drawing function on accelerating the industrialization and the urbanized.But,in recent years,there are many problems in our country land expropriation process,For example:Land-levying goal gets pan because of public welfare concept,the land-levying behavior is not standard,the land-levying compensatory regime has the flaw,each main body's benefit in land-levying are assignment unequal.That has violated the farmer's benefit,affected the social's stability,and receives the community the widespread attentionThe land expropriation system exists the questions.Most scholars' mutual recognitions were the present land expropriation system was still imperfect.The present land expropriation system basically is the planned economy time's formulates, it cannot adapt the socialist market economy development's request,the country taking over the rural collectivity-owned lands for use is one kind of administrative action,but the market behavior.In the current land-levying process this kind of unseemliness' land expropriation system is the basic reason that the farmer's land rights and interests suffer infringement repeatedly.This article summarizes the land expropriation and compensatory regime's basic theory,research and analysis land property right theory related to countryside,Using the land tax theory and.Make the economic analysis to the related main body's behavior in land expropriation processes, Discovers the present land expropriation compensatory regime's flaw and the insufficiency.In view of these questions and the restriction factor,this article in profits from the domestic and foreign advanced experiences in the foundation, discusses the Chinese countryside by the law economics' angle of view,and proposed the suggest to reform our country's compensation system of land expropriation which has certain research value.This article textual material divides into four chapters:The first chapter introduced the related basal theories on land expropriation and the compensatory regime's research.This chapter divides into five parts,the first segment introduced land expropriation's concept and the general meaning in detail. Elaborated the land expropriation's essence and the characteristic,mainly has the administrative action compulsory,the goal for public interest,the land expropriation compensation and the land ownership's transferability.The second section to fifth carries on the regulated summary through analyzing the land property right theory, Marxism plutonomy,the land expropriation compensatory theory,the new system economic and the transaction cost theory and so on.Provides the gauge basal theory for the research's launching.The second chapter carries on the economic analysis to the main body's behavior related to land expropriation.The main body which involves in the land expropriation process mainly has the Local authority,the rural collective economic organizations and the peasant household.This chapter makes the economic analysis on their separately concrete behavior with three sections which adopted the cost-income analysis method.May obtain the conclusion,the Local Governments as "the economic man" pursues own benefit maximization,its behavior is not inevitably maximum the social benefits,he will carry on cost-benefit calculation to his behavior.And our country's related legal regime had driven to the government by the advantage behavior system objectively,induced the government's congenial behavior with carrying on land expropriation.As rural collective economic organizations' representative,the village committee is undertaking the function that government's agents,the legal representative on collective goods' and the superintendent to public affairs.The village committee has the huge contradictory conflict in the government's administration,the village affairs management and the farmer collective goods' protection.As the rational economic man,collective land representative has the benefit stimulation on transferring land by low price.The village collective uses its own special status and right,create the space on rent seeking,intervene the land-levying compensation by each reason to realize its authority rent.In the process, the farmer is the subordinate position passively.In the legal angle,has not given the farmers enough rights to bargains back and forth,the farmers can only through raise the soil-rent value to protect their own benefits.The farmers as the rational economic men will certainly to request through other ways to increase the income and resisting land-levying behaviors.These behaviors bring the extra cost for the land-levying implementation.In the long run,to the society the farmers who lose the land will bring the huge pressure on employment and the public security aspect,it also will affect the economical development and the acceleration of urbanization.The third chapter carries on the analysis to our country's land expropriation compensatory regime.The first section has analyzed the property system's intrinsic flaw in Chinese rural areas.The present land property system is depends upon the revolution and the administrative compelling force realizes,along with our country social economy's development and legal regime's consummation,this system accumulated many contradictions and the question,has many flaws,Namely the main body of countryside land's property right is fuzzy,The countryside land ownership's power is undefined,The farmland's contract right of management is imperfect, alteration of land use rights exists question and so on.The second section on the basis of land-levying income distribution and the present land expropriation compensatory regime's contradiction,carries on the analysis to the land expropriation cost and the land expropriation benefit assignment,points out the present land-levying compensatory regime's flaw,For example:the illegal land-levying behavior,the land-levying process seems to lack the transparency,the land-levying compensation standard is unreasonable,the land-levying compensation's assignment is unreasonable,The fourth chapter solicits our country's Land compensatory regime and put forward the proposal.The first section emphasizes the comprehensive weight land-levying system's run cost,by cost minimum principle to impel land-levying compensatory regime's reform.By the law and economics' analysis,it needs to see regarding problems of the land-levying system operational,because of the system flaw creates the extra cost and the income,using the cost minimum's principle,to discuss the new land-levying system.From the entire cost angle,establishes the land-levying compensation to place the new mechanism.The land-levying compensation placement standard should intrinsic change into the principle by the overhead costs minimum external cost,according to the actual social cost bearing the land load to determine.The second section from the angle which the innovation of countryside land's property system and safeguards the farmer land rights and interests earnestly,request to restrict the main body of collective land's ownership,entrusts with the farmer the land property right,causes its contract right of management to transform into,understands and limits farmer's member power correctly,lays the property right foundation for the farmer rights' and interests' safeguard,thus is advantageous in the practical to safeguard farmer's legitimate rights and interests.The third section suggested that increases the legal deterrent force,suppresses the government to abuse the eminent domain to rent-seeking activities.Proposed that the strict definition of land expropriation's public interest scope,the refinement takes over for using the procedure and the relief procedure,establishes the effective legal deterrent system,enlarges dodges legal to the Local authority and penalty dynamics, make it reduced the inputs' behavior.Realizes the fair that the market's competition through the standardization market access,requests to remold the government apparatus and official's benefit structure legally,namely must establish the strength of the restriction act of government.