| Land is an important Means of production of the country’s economic development.The development of urbanization and industrialization can not be separated from the supply of land,it will undoubtedly change the original living conditions of the land-expropriated farmers.The standard and scope of land expropriation compensation decide the level of compensation,and the openness of the procedure of land expropriation compensation also affects the progress of land expropriation.In recent years,both the reform of land system pilot areas and the revision of relevant laws and regulations on land expropriation,as well as the first document of the Central Committee and the20 th National Congress report,have all paid attention to the importance of perfecting the system of compensation for collective land expropriation,the rationality and Scientificity of the compensation standard of land expropriation make it more and more important for the expropriated farmers to enjoy a more reasonable distribution of land value-added income.Therefore,it is worth exploring to clarify the current legislative situation,predicament and existing reasons of collective land expropriation compensation system and optimize it to realize the standardization and legalization of collective land expropriation compensation.First of all,from the connotation and characteristics of collective land expropriation and compensation system,this paper clarifies the object of study,and fully explains the theory of modern law in this field,which provides a theoretical basis for the optimization of the system.Secondly,it summarizes the legislative development of collective land expropriation and compensation system since the founding of New China,and divides the legislative evolution of the system into the initial establishment,exploration,adjustment and improvement of the development period,proceeding from the five dimensions of the system of collective land expropriation and compensation,including its standard,mode,scope,procedure and the mechanism of adjudication of expropriation and compensation disputes,this paper clarifies the current land expropriation and compensation law in the land reform pilot,and clarifies the status quo of the system.Thirdly,it analyzes the realistic predicament of the system,and analyzes the reasons from the angle of compensation principle,compensation idea and right distribution.Finally,the paper puts forward the principle of fair compensation,the idea of interest balance and the basic guide to optimize the system.By defining the connotation of the comprehensive land price,reasonably setting up the compensation range,perfecting the compensation procedure and establishing the mechanism to resolve the disputes,the optimization of the collective land expropriation compensation system is realized. |
