Zhanjiang Rural Land Expropriation Problem Research
|School||Guangdong Ocean University|
|Keywords||The public interest Rural land expropriation Expropriation and compensation Lost territory farmer|
With the increasingly rapid development of the city and of industrialized process, cityland with lots of land demand between the contradictions of existence becomes more andmore serious. In order to solve the contradiction between them, the usual practice of thecountry and government is taking back the land owned by the collective organization to thecountry, and then transferring the land to the users by the primary land market. In otherwords, it is the recurrent and effective way to solve this problem. Land expropriation is animportant way to accelerate the development of the present stage of our country rural cityand expand city scale.Considering the nature of the land expropriation, China’s Constitution Article10paragraph3said “for the public interest the country can expropriate the land or expropriatecompensatorily according to the law " then land expropriation refers to the rule that thenational nationalize the rural collective land for public interest and give the land users orthe landless farmers some compensation.So the public interest is the only rationalfoundation for the land expropriation of rural areas. However, the land expropriation actionimposed by the government that if it is really for the public interest is also debatablewhether in theory or in practice.The farmers’ petitions caused by the right abuse ofgovernment in the land expropriation occupy a large percent in the numerous petitions.Farmland expropriation relates to some stakeholders, such as the country, the entityusing the land, farmer collective and individual farmers. Handling the stakeholders’ theeconomic interest’s relationship, not only preventing the abusing of land expropriation, butalso avoiding to infringe the farmers’ rights and interests is the crucial of the research.China’s rural land expropriation exists some problems, for example in the ambiguousdefinition of public interest, the collection procedure unclear, land acquisitioncompensation range is narrow, the low compensation standard and so on. Especially thefarmer, their sacrifice is the most in the process of the rural land expropriation. In theprocess of rural land expropriation, although the government adopts a series of measures tosafeguard the lives of peasants and their development problem, also obtaining some effects.But as a result of the factors of urban and rural double deck two element structure systemexistences, lost territory farmer identity marginalization, rural social security coverage isnarrow and low security level, make the lost territory farmers fall into embarrassingposition of: farming without field, workers without jobs, no social security. The person who can really enjoying the same urban residents the same social security benefits oflandless farmers is so less.In the context of China’s land expropriation, the land expropriation of Zhanjiang hasits characteristics and problems inevitably. By using the method of expropriation, analysisthe rural land acquisition problems in Zhanjiang and give some suggestion to solve theseproblems, in the purpose of solving the problems of the compensation and arrangements ofthe landless farmers.