Abstract

Farmers are one of the indispensable groups in the development of society. It is possible that the farmers’ benefits may be ignored or even denied by participating in sharing interests and dispute resolutions because of the lack of discourse power. How to effectively guarantee the property rights of farmers and let the farmers participate in the achievements of social progress and economic development is the focus of social concern.

The concept of the property rights of farmers is a general description of the property rights of the farmers and individuals in the specific scene of rural life. The connotation of the concept of property rights of farmers is constantly enriched to reflect the need for farmers to participate more in sharing social development results. The core of protecting the property rights of farmers centered on land. The theory of the protection of property rights，the protection of the interests of the social disadvantaged groups，and the government prohibited fighting for interests with the people are the theoretical basis that the protection of farmers’ property rights is based on. However，the protection of the property rights of farmers is not unlimited. The “nail households” shall not be regarded as the fighters who “struggle for right”. Supporting for insolence will not only increase the financial burden on the state，but also damage the authority of rule of law.

The current situation of land expropriation compensation in China has the following characteristics：1） the system of expropriation compensation has been gradually improving，and the public’s attitude towards expropriation has been changed，but the problems still remain outstanding. 2） The property ownerships are with contradictory and complex mentality to the power and right. Eminent domain is demonized and sometimes in Tacitus trap. 3） Land expropriation compensation instead of public interest has become the core issue of the dispute. The demands of the subjects are often obscured by the outer garment of the purpose of public interest. Due process is used as a tool. 4） The regional differences of land expropriation compensation are obvious and not usually reflected in the normative documents. 5）Land expropriation compensation disputes and solutions show a trend of group and violence.

The traditional land expropriation compensation system should be perfected from the following aspects：1） Interpreting the relationship between land acquisition and compensation from the perspectives of individual rights，sociality and government behavior and economic rationality，and seeking the legitimacy basis of land acquisition compensation clause. 2）Eliminating the abuse of the substantive separation between the taking subjects and the compensatory subjects. 3）Clarifying the misunderstanding of the principle of compensation，such as “complete compensation”，“equivalent compensation” and “compromise theory”，adhering to the principle of complete compensation based on objective value，and building the compensation mechanism of land price based on the “land present value”. 4）Inspection center of the land expropriation compensation range should be from the real estate to real property rights，form ownership to use. Land development rights should be included in the scope of compensation which can make the state，collective and individual farmers share the land value-added benefits. Land use rights and housing ownership should be regarded as independent object for compensation. Business loss should be independent type to be compensated. 5）Determining the claimer according to the type of land expropriation compensation and distributing the interests between land ownership and land use rights reasonably. Solving these problems，for example，collective concept is not clear，the collective land ownership subject and the exercise subject are separated，emptiness，the identity of collective economic organizations and farmers are confused，the identity of a “family” are lack of clear standards. 6）The compensation standard for land expropriation should make up for the defects of the text，narrow the differences between the text standard and the actual operation standard，and change the situation that the power allocation is tilted to the local government. 7）Reexamining the presupposition of the human image in the compensation for land expropriation，and correctly treating the way of monetary compensation.

The paradigm is changing form the tradition to modern. In the transformation，we must pay attention to the problem whether the restricted property rights should be compensated. The civil law system has constructed the theoretical system of excessively restricted compensation for property rights，which is centered on the concept of social obligations. The Anglo American law system has constructed the regulatory expropriation compensation theory which centered on the concept of police power. We should take into consideration factors such as politics，economy，culture，law and technology，and explicit the types of property restriction，compensation standard and way through judicial interpretation or case guidance.

The compensation for land expropriation needs to seek alternative mechanisms. Expropriation power presents expansion trend and the possibility of conflicts is increased if the allocation of land resources is dominated by administrative power. Expropriation power is in a state of inhibition and the conflicts caused by expropriation compensation are reduced if the allocation of land resources is dominated by market. The singleness of the land source supply in China leads to the induced institutional change. The phenomenon of “rent instead of taking” is common which is reasonable in a specific historical period，but there are also some defects difficult to overcome. Improving the system of collective land entry is a better way to replace the compensation.

The types and solutions of land expropriation compensation have diversified characteristics. The way of non-contentiousness and group solution dominant that is related to cultural tradition，judicial credibility，and social mentality. The coordination and decision mechanism of land expropriation compensation and resettlement disputes need to be improved from the establishment of institutions，the determination of the scope of adjudication，the rationalization of the periods，the selection of the adjudication mechanism，etc. The people’s court shall consider the function of judicial relief when it accepts the cases of compensation and distribution of land expropriation according to the legal relationship.

It is an important theoretical and practical proposition in the social progress and economic development that we shall improving the system of compensation based on observing the changes of land expropriation compensation system from the perspective of the protection，finding the defects，and analyzing the causes of institutional changes. It is related to the survival and development of rural areas，reflecting the degree of social inclusion and civilization，affecting the harmony and stability of society. It is an indispensable part of realizing the value concept of “ultimate concern for human”. The topic has a dynamic characteristic because of the change of the society and the presupposition of the human image. This is a starting point not the end on the path of intellectual exploration.

Keywords： Property Rights of Farmers；Compensation for Expropriation；Traditional Expropriation Mode；Modern Expropriation Mode；Dispute Settlement.