Improvement Of Land Acquisition Compensation System

China is a big agricultural country. And most its population is engaged in farming. In that sense, three-dimensional rural issue (the issue of agriculture, peasant and rural area) has become a top one throughout the economic development, which influences the whole situation of reform and opening and the modernization construction. The core of the three-dimensional rural issue is land, while the core of the land is the compensation for collection. So the section where the importance should be attached on is how to make the compensation for land collecting more consummate. The land is the root of a country's economic development, then to manage land problem well is a significant factor for a country's unsustainable development. Then what's the conception of land-collecting? It is a legal action that the country nationalizes the collective land for the public benefits according to the legal procedure, and gives reasonable compensation and proper allocation to the village collectives and individuals. Land-collecting concerns a lot on the economic development and the practical benefits of farmers. And because of the eminence of the social contradiction brought by the land-collecting, it has attracted the eyes of the government administration and other walks of the society a lot.The administrative compensation system in China was formed during the planned economy time and it has boosted the economic development in a large extent during the past time. After the entrance into the WTO, its disadvantages have become more and more prominent. Through a warrant research based on the law system of farmland, there is little dissension inside the collective organization in villages but a lot on the problem of compensation. Such as no releasing of the fee for the land-collecting and too low compensation standard and so on. The fourth constitution revision passed during the second session of the tenth National People's Congress has modified a lot on the country's expropriation for the public uses, and the purpose is to adapt to the development of the socialism market economy and protect the property of citizens. Of the modifications, case 3 in article i was revised. The original declaration is "to meet the public benefits, the government can expropriate lands according to the correlative laws. Now the revised one is "to meet the public benefits, the government can expropriate lands according to the correlative laws and give some compensation. But as for the compensation standard, the current constitution does not specific demonstration. For example, the standard for compensation which the law on land management and correlative laws give is unscientific, the compensation mode is too simple and the compensation procedure is not satisfying. Disputes will be caused if farmers cann.ot receive compensation from their lost land due to those above disadvantages, if this contradiction cannot be dealt with rationally, the disputes will become the hidden trouble of the society.For the moment, China's economy is developing in a high speed, while our country is extremely short of farmland on an average level. When a city develops into a certain degree, it is avoidable to collect farmland from peasants. But this collection cannot but touch upon the practical benefits of farmers. According to law on the protection of individual property, the equal principle and the theory of sacrifice for spedal reasons, the farmers should be given reasonable compensation because of their contribution to the public benefits. What's special in China is that farmland assumes the function of social security, so the farmers should be given sufficient, just and effective compensation. But a lot of issues come out while it comes to the reality owing to the shortcomings of the compensation system. The system of the compensation for administrative expropriation is constituted in every country and region all over the world. This system, which is an administrative behavior, has an obligation. It has become an avoidable issue to reform the current compensation system, rearrange the relation of the country, collective and individual according to the market economy's requirements and protect the benefits of the farmer collectives and farmers feasibly. So it is significant to do some research on the issue of the compensation system for land-collecting. From this paper, the author will give some rational suggestions on this system in our country and let people know the impendence of reforming the current system. All these are important to the economic development and social stabilization. And the perfection of the system needs more research on the correlative theory, the exploration from the practice and the experience concluded continuously.There are three parts in this paper, that is the comparison of the compensation system for land collecting in rural areas home and abroad, the basic theory of compensation system in rural areas of China and the lawmaking thought on consummating the system. Of the three, what is mainly discussed is the problem in the compensation system in rural area, the reason for the problem and the lawmaking suggestion on solving it. Together with the method and experience of compensation in some other countries, what is analyzed is the shortage of the principle, standard, method and procedure of the correlative system in China. And from the analysis above, the main reason for all the problems is low-leveled lawmaking, unclear meaning of public benefit and loose enforcement of law. In the last part, a long discussion is given which includes the lawmaking suggestion on the compensation system of land collecting in rural areas in China, search for available ways to make reasonable standard of the compensation so that the compulsion and compensation for land collecting could be united perfectly, peasants' legal rights could be protected, their survival rights could be reserved. And the final goal for all these is to coordinate with our present policy of constructing new socialist country and a society in harmony.