Study On The Property Right Relations And Compensation Standard Of Farmland Expropriation

With economic development, the demand for land for construction continued to grow. The collection of rural collective land has become a major way of the supply. With the process, there are problems about the compensation and resettlement of the fanners.As a result of China's law on the premise of land, with the main purpose is still a lack of clear and strict definition of collective land ownership together with incomplete property rights, leading to farmers in the face of the Government's land acquisition act, not only difficult to seek legal support lack of supervision of power, making their own rights and interests can not be reasonably achieved, the impact of the establishment of a harmonious socialist society.In this paper, collected from the agricultural land property rights and compensation standard to start trying to use Marxist theory and modern economic theory, on these issues in depth analysis, the corresponding countermeasures and suggestions.The full text is divided into four parts.The first part, the introduction. Research focused on the significance and background , as well as scholars in the collective ownership of agricultural land and agricultural land on the issue of charge compensation point of view and opinions.The second part, the China's land and property rights on land expropriation. The main analysis of the relevant land laws and regulations to define the concept and application of analysis of the general property rights theory, and property rights of China's agricultural situation, analyze the legal provisions relating to the inadequacy of land and collective land property rights imperfections.The third part, the interest relations and compensation standards. The main study of agricultural land use change have the causes of value-added, value-added part of the benefit-sharing, as well as compensation for farmers to choose a reasonable standard.The fourth part, the countermeasures and suggestions of perfecting the land expropriation. The main combination of China's national conditions, should be made to ensure that "public interest" the clear, the establishment of property rights and land tenure system, and improve monitoring and accountability mechanisms in terms of laws and regulations to establish a perfect, clear property rights and effective collection system for agricultural land.