Research On Compensation Patterns Of Farm Land Expropriation In China

Farm land is not only the source of income and the means of production but alsofunctions as the social security of farmers in our country since long time ago. Becauseof this reason, the compensation system of farm land is the key part of the system ofland expropriation, and the compensation pattern directly decides the level of lifesecurity of the farmers who lost lands. Thus, whether it is just or reasonable, how thecompensation patterns perform will have deep influence on the basic benefits offarmers who lost lands and fairness and justice of the society. The thesis propose adiversified land expropriation compensation system to be established by the methodsof history and type, after the analysis and summary on the advantages anddisadvantages of compensation patterns existing in different districts of this stage.The thesis is composed of five parts in a logic of concept—historicaldevelopment—questions raised—the reasons—the settlement.The first part begins at economical and social development under the backgroundof urbanization, and introduces the concept and meaning of expropriation,compensation and compensation pattern. The just and reasonable compensationpattern directly influences the benefits of the farmers who lost lands and should meetrequirements below: replace the land to be the new way of social security for farmers,give the farmers the right to choose the compensation pattern, no land pricedifferences between rural and urban areas. The second part introduces and analyzes the changing process and the reasonbehind of compensation pattern in our country in a historical angle.The third part is the key part of the thesis which analyzes the concept, rules andthe operation of existing compensation patterns.The fourth part elaborates the existing problem of compensation patterns asfollows: Money compensation can hardly provide the life security of the farmers wholost lands. Generated from the planned economy system, employment compensationcan hardly adapt to the right employment pattern. Social security compensationprovides the equal right to enjoy the social security, but forcing famers to pay for thesecurity fee with money compensation of the farmers is actually an infringement ofthe property rights of the farmers. The land exchanging compensation has a problemin short of land and narrow system design. Land investment can face managementlegal and economic risks. The problems of existing compensation patterns wasgenerated from legal and economic reasons.The fifth part proposes the settlement of the existing problems of existingcompensation patterns of our nation on the basis of the part four. We shouldimmediately make a modification of the 《regulatory law of land》and enact a legaldocument which specially regulate compensation of land expropriation, applydifferent compensation patterns according to different places and group of people,andalso apply the employment compensation and social security compensation togetherwith money compensation to optimize the effect of the compensation in differentareas.