중국 농촌집체토지수급경영권의 징수와 보상제도

A Legal Analysis of the Problems Arising From the Land Requisition of the Management of Rights to Contracted Land in China

The rural collective organization is a pluralistic one composed of township-village governments, rural collective organizations, villager committees, villagers' groups. The larger subcategory is, the more lump-sum land compensation money is being paid. Farmers who belong to the smallest subcategory are evaluated to get less than 50% of the total compensation money. Constitution says that the need for public interest can be a necessary condition for land requisition, but this provision is improperly used for the purpose of commercial development. This phenomenon has failed to the original purpose of nationalization-oriented land system. Farmers fall a sacrifice of rural collective land requisition in the name of public interest. More worse is that failing compensation system does not help farmers live at the subsistence level, which is the main cause of social unrest. The rural collective land system cannot protect the whole farmers' interest due to too limited compensation standard and coverage. Province or city governments have been delegated to make specific compensation standards according to Land Management Law, which leads to different compensation amounts among regions. The administration in charge of requisition provides the solution for compensation disputes, not People's Court. This is out of accordance with modern lawful procedure. New Real Rights Law gives legal protection to farmers who has the right to cultivate their land in spite of this phenomenon. It deserves people's attention in terms of giving farmers the legal protection against the violation of their rights. It matters with respect to the protection of private property rights.