Research On The Legal Issues Of The Collective Land Expropriation Compensation Sysem In China

During the thirty years of reform and opening-up,with the sustained and rapid development of China’s economy,the pace of urbanization and the process of industrialization will also be accelerated. In order to meet the needs of urban construction and economic development,more and more rural collective cultivated land has been levied by the government. In this process, because of the various defects and drawbacks of the system of land expropriation in China,the phenomenon of against the legitimate land rights of farmers is often caused. Cultivated land is the most basic and the most important production material. The core of the farmers and the rural areas are closely related to the cultivated land,and the problem of cultivated land is closely related to the vital interests of the farmers. Although the Central Document No.1,2015 for land acquisition compensation standard was revised in land acquisition compensation system for land acquisition compensation range, standards and approval authority and other country has made some changes, but did not really solve the underlying land expropriation system in the main problems in terms of defining the purpose of the collection, the collection procedures, collection of compensation, relief mechanism there are still many problems, its adaptability and not lag increasingly apparent.From the historical legacy and current situation of China’s land expropriation compensation system, the constraints on the inherent ideology of the existing land requisition compensation system is the cause of the long-term low efficiency of China’s land requisition compensation system. To sum up the deep reasons of the path, the research and reference of the public interest of the land expropriation system in the United States, Germany and Japan, and the scope of compensation. In order to break through the dilemma of the compensation system of land expropriation in our country, the distinction between the system logic and the system practice, the further research and construction of the theoretical analysis framework. The article discuss on the path innovation and possible path selection of the land expropriation compensation system in China. From the subject of rights clear, public interest definition, to expand the scope of compensation, expand the channels for relief, and the improvement of the social security of landless peasants to collective land expropriation compensation system, the article formulates a set of accords with the national conditions of our country collective land expropriation compensation system.Through the whole carding, the paper put forward feasible suggestions, which not only guarantee the rights and interests of farmers, and put forward a fair and reasonable compensation.If the current land acquisition system can not be further reformed and perfected.then the contradiction during the land acquisition process is difficult to solve fundamentally.which will not be conducive to the protection of the legitimate rights and interests of farmers,but also not conducive to a fair and reasonable legal environment,which will ultimately affect the economic development and social stability.