One of the reasons for many social tragedies resulted from land expropriation in China is failure of the constitution to bring into play its due functions in standardizing land expropriation power of the government an...One of the reasons for many social tragedies resulted from land expropriation in China is failure of the constitution to bring into play its due functions in standardizing land expropriation power of the government and protecting farmers' rights.In the existing land expropriation system,government is not only a policy maker of land expropriation,but also a "referee" of dispute over land expropriation.Government' land expropriation power and land-expropriated farmers' rights become out of balance.As a result,some local governments do not attach importance to farmers' rights,making land-expropriated farmers dissatisfied and consequently leading to some social tragedies unfavorable for harmony and stability.To fundamentally settle disputes over land expropriation and realize win-win of farmers' right and state interest,it should bring into full play functions of the constitution through protecting farmers' right to participate in land expropriation and establishing constitution evaluation mechanism.展开更多
According to the data of survey on farmers' land right from Rural Development Institute (the USA),Renmin University of China and Michigan S ate University,this paper conducts empirical analysis on farmers' wil...According to the data of survey on farmers' land right from Rural Development Institute (the USA),Renmin University of China and Michigan S ate University,this paper conducts empirical analysis on farmers' willingness to accept compensation ho e land is expropriated and the related influencing factors by adopting Logistic model.The study indicates that the proportion of farmers' non-agricultural income,the level of economic development in the region,participation right and right to vote,exert conspicuous impact on farmers' satisfaction degr whose land is expropriated.In the provinces that are surveyed,most of the expropriated land is used for the public welfare project building,and in the current context of rapid urbanization,the conditions for defining public interests have not yet been put in place;the farmers in developed regions with more non-agricultural job opportunities express higher degree of satisfaction to the compensation for expropriated land;it is required to establish sound land expropriation compensation mechanism and bolster farmers' participation right,so as to offer fair and reasonable compensation for the farmers whose land is expropriated.展开更多
This paper discusses existing problems in protecting rights and interests of land-expropriated farmers' during urbanization,such as those farmers' failure to obtain benefits from land increment,difficult emplo...This paper discusses existing problems in protecting rights and interests of land-expropriated farmers' during urbanization,such as those farmers' failure to obtain benefits from land increment,difficult employment and imperfect social security system.Reasons for losses of farmers' rights and interests mainly include defects in land management and expropriation system,and uncoordinated development of urbanization and industrialization.However,the basic reason is urban and rural dual economic structure.On the basis of these situations,it puts forward solutions to protecting rights and interests of land-expropriated farmers:let land-expropriated farmers share land-increment benefits from land marketization;establish effective employment security system and perfect social security system,to make land-expropriated farmers share supply of public goods equal between rural and urban areas,and realize the inclusive growth balancing urban and rural areas.展开更多
This paper explores a new compensation standard for use in agricultural land conversion in China during the land-expropriation process, based on the market value definition. Assuming identical bargainingpower between ...This paper explores a new compensation standard for use in agricultural land conversion in China during the land-expropriation process, based on the market value definition. Assuming identical bargainingpower between the buyer and the seller, efficient and equitable compensation is obtained through a market transaction and bargaining negotiation mechanism, under the assumpation of a perfect market. From the state-of-the-art viewpoint of land appraising, a practical approximation of the theoretical optimal compensation will provide an effective solution for China, under the current collective-owned land property rights structure.展开更多
基金Key Project of National Social Science Foundation (09AFX001) in 2009 Decision Research Project of Henan Provincial Government (B543)
文摘One of the reasons for many social tragedies resulted from land expropriation in China is failure of the constitution to bring into play its due functions in standardizing land expropriation power of the government and protecting farmers' rights.In the existing land expropriation system,government is not only a policy maker of land expropriation,but also a "referee" of dispute over land expropriation.Government' land expropriation power and land-expropriated farmers' rights become out of balance.As a result,some local governments do not attach importance to farmers' rights,making land-expropriated farmers dissatisfied and consequently leading to some social tragedies unfavorable for harmony and stability.To fundamentally settle disputes over land expropriation and realize win-win of farmers' right and state interest,it should bring into full play functions of the constitution through protecting farmers' right to participate in land expropriation and establishing constitution evaluation mechanism.
基金Supported by Postdoctoral Innovative Research Project in China Agricultural University (2011BH012)
文摘According to the data of survey on farmers' land right from Rural Development Institute (the USA),Renmin University of China and Michigan S ate University,this paper conducts empirical analysis on farmers' willingness to accept compensation ho e land is expropriated and the related influencing factors by adopting Logistic model.The study indicates that the proportion of farmers' non-agricultural income,the level of economic development in the region,participation right and right to vote,exert conspicuous impact on farmers' satisfaction degr whose land is expropriated.In the provinces that are surveyed,most of the expropriated land is used for the public welfare project building,and in the current context of rapid urbanization,the conditions for defining public interests have not yet been put in place;the farmers in developed regions with more non-agricultural job opportunities express higher degree of satisfaction to the compensation for expropriated land;it is required to establish sound land expropriation compensation mechanism and bolster farmers' participation right,so as to offer fair and reasonable compensation for the farmers whose land is expropriated.
基金Supported by the Project for Decision-making Bidding of Henan Provincial Government (2011B679)
文摘This paper discusses existing problems in protecting rights and interests of land-expropriated farmers' during urbanization,such as those farmers' failure to obtain benefits from land increment,difficult employment and imperfect social security system.Reasons for losses of farmers' rights and interests mainly include defects in land management and expropriation system,and uncoordinated development of urbanization and industrialization.However,the basic reason is urban and rural dual economic structure.On the basis of these situations,it puts forward solutions to protecting rights and interests of land-expropriated farmers:let land-expropriated farmers share land-increment benefits from land marketization;establish effective employment security system and perfect social security system,to make land-expropriated farmers share supply of public goods equal between rural and urban areas,and realize the inclusive growth balancing urban and rural areas.
基金The research was financed by the National Social Science Foundation of China (04CJL003).
文摘This paper explores a new compensation standard for use in agricultural land conversion in China during the land-expropriation process, based on the market value definition. Assuming identical bargainingpower between the buyer and the seller, efficient and equitable compensation is obtained through a market transaction and bargaining negotiation mechanism, under the assumpation of a perfect market. From the state-of-the-art viewpoint of land appraising, a practical approximation of the theoretical optimal compensation will provide an effective solution for China, under the current collective-owned land property rights structure.
