Research On The Collective Land Compensation System Of Our Country

China’s land ownership is the implementation of the "two yuan of land ownership", namely state ownership and collective ownership. Mineral, water, sea belongs to the state, Agricultural land including cultivated land, woodland, grassland, mostly belongs to peasants’ collective ownership. In the "constitution","land management law","property law", other laws and regulations are clearly defined. In recent years, with the urbanization speeding up the process, to meet economic development requirements, China’s government greatly increases the quantity of translating agricultural land into construction land, so that many farmers lost their land, which is the source of survival. How should the government compensate the lost-land peasants to ensure the quality of their life and how to solve any menace from the "rear" of landless peasants, these problems must be resolved in the collective land expropriation. In order to properly resolve land issues, protect peasants’ due rights, our government has promulgated a series of laws and regulations. But the rules in the existed law can not correctly solve the practical problems, and our county’s legislation about the land expropriation relatively lags behind western counties’. With the constantly increasing of the land acquisition, the lost-land farmers’ awareness of rights are more and more enhanced, but the relevant laws and regulations in some aspects are not clear, even have legal gaps and holes on some issues, which makes the disputes about land expropriation and compensation grow rapidly in recent years. Land expropriation and compensation have become an urgent problem to solve for the government. It requires our legal profession actively participate in the topic research of land expropriation and compensation, in order to better improve our suggestions to the legal system of collective land expropriation and compensation,in order to safeguard the legitimate interests of peasants, protect human rights, promote the harmonious development of society.The structure of the thesis is divided into five parts:The first part is the basic theory of the collective land expropriation and compensation system. The contents includes the collective land requisition’s connotation, basic characteristics and properties, the connotation, characteristics properties and theoretical basis of the collective land expropriation compensation.The second part is the present legislative situation of collective land expropriation and compensation system in our country. The content includes land expropriation compensation principle, standard, range of compensation, compensation procedure etc.The third part is our collective land requisition compensation system’s problems and reasons, The main issues are, relief imperfect compensation principle is not clear, the compensation standard is not scientific, the narrow compensation scope, the. relief of compensation disputes is not perfect. The reasons are, the ownership of the land is limited, the inner conflict in current and our government monopolize land market lead to the growth in land expropriation and compensation’s dispute.The fourth part is the land expropriation compensation system of extraterritorial and China’s Taiwan area. Analyze the land expropriation compensation system in Taiwan, Germany, Japan and America. Summary some legislation enlightenment on our land expropriation and compensation system.The fifth part s the measures and suggestions for improving our collective land requisition compensation system. The specific measures and suggestions are, determining our collective land requisition compensation principle; expanding the scope of collective land requisition compensation; perfecting the collective land expropriation compensation standard; enriching the methods of compensation; perfecting the compensation procedures and remedies.