Reseach On Ordinance Defects Of Collective Land Requisition Compensation Criterion

Since innovation throws open, a market economy has been created, the course of Urbanization develops rapidly, the visage of city has undergone tremendous change in China. However, cities could not develop without land. It’s critical for urbanization development to obtain and fair use land. Due to specific land property system in China, land belongs to both national and collective ownership. Land for urban development only be obtained by government expropriation. Land requisition means compensation. Compensation criterion of collective land requisition could be influence not only Urbanization develops but also the right to subsistence and development of peasant whose land was requisitioned. Since innovation throws open, arrange from50million to60million peasant lose their land. Mass disturbances initiated by land requisition happen frequently, almost65percent of rural mass disturbances. It has become a priority issue for social stabilization and development in rural community since agricultural tax abolished. The main contradiction of land dispute focuses on compensation criterion of collective land requisition. And the essential issue of land requisition compensation is compensation criterion. Wheter compensation criterion is equitable relation to actualize social justice and build a harmonious society. It’s need to establish a perfect and reasonable system of land expropriation compensation. Improving the compensation standard of land expropriation legislation, build a reasonable to adapt to the development of the socialist market economy system of land expropriation compensation, safeguard the legitimate interests of the landless peasants, has become an important task faced by the legal system construction in our country.The current land expropriation compensation system in our country still is not perfected and with strong planned economy color, although after several adjustments, there are still many problems, such as unclear compensation principle, compensation scope is too narrow, low compensation standard, compensation mode single, etc. The legitimate rights and interests of farmers lack legal safeguard, violations of the interests of farmers, caused a large number of mass incidents, received extensive attention of social from all walks of life. These problems if not handled properly, will form the huge impact to social order, affect social harmony. On January21,2011, a former prime minister of the state council Wen Jiabao of the state council order signed and released the "state-owned land on the housing levy and compensation ordinance, and for the land expropriation legislation offers many beneficial reference and draw lessons from, also let people see the hope of land expropriation method was introduced. Modification of the land management law about the provisions of the collective land expropriation compensation, introduced the land acquisition act as soon as possible become the current urgent task. Because of this, this paper in-depth studies the problems of the compensation standard of land expropriation, reflect on the disadvantages of land expropriation compensation standard problem in our country, land expropriation compensation system and draw lessons from other countries and regions of the experience, put forward the Suggestions of perfecting our country’s land expropriation compensation standard, in order to contribute our land expropriation system legislation.In addition to the introduction and the conclusion, the paper is divided into four parts.The first part is to analyze the basic theory of collective land acquisition compensation. Firstly, it is introduced that the constitution value of the collective land acquisition compensation. Secondly, it is to analyze the principles of compensation for land expropriation-----full compensation principle, half compensation principle, and legitimate compensation principle. At last, it is the introduction of the constituent elements of the collective land expropriation and compensation, which is the basis of legitimacy of collection----public interests, the special sacrifice of the people who is imposed, and the relationship of collecting behavior and loss.The second part is to analyze the disadvantages of collective land compensation. Firstly, it is to introduce from the three aspects----the principles、the scope、and the standard to present the current situation of land compensation. Secondly, to deeply analyze the disadvantages of the land expropriation compensation system, such as lacking of specific principles of land expropriation compensation system, the unscientific definition of public interests, the low standard of compensation for land expropriation, the narrow scope of compensation, the single way of compensation and resettlement, the unclear beneficiaries, the imperfection of compensation procedures and judicial remedies, etc.The third part is to compare and analyze the land acquisition compensation system of foreign countries, Taiwan, and mainland. It is from the three parts---principles, scope and standard to introduce America, France, Germany, Canada Japan, and Taiwan. And a detailed introduction is given to American principles, scope, standard, and revolution.The fourth part is a key part, which is a suggestion to the perfection of laws and systems of collective land acquisition and compensation. From the aspect of legal system: the compensation for land expropriation in constitution must be obvious; to enact Land Acquisition Act; to expand the scope of compensation; to improve the standard; and to establish a wide range of land acquisition compensation. From the aspect of according system:to optimize collective land property rights system; to establish a sound social security system; and to perfect the mechanism of compensation for expropriation relief.