한·중 토지보상제도의 비교를 통한 중국제도의 개선방안 연구

Abstract

The object of this study is to compare land expropriation system between Korea and China and to establish some measures for improvement of China System of compensation for land expropriation system. The relationship and the volume of trade between the two countries have been growing rapidly. However, the comparative research on Korea and China land system. The results of this paper will be supposed to be essential to the relationship, businesses and investment between two countries. Contrary to the general thought that the land expropriation system does not exist in socialist countries, China has made many related laws. But the land expropriation system in China is much different from that of Korea. That is mainly because China has the socialist economic system while Korea has the market economic system. China has sped up the urbanization on the course of economic development. In the process of China‘s urbanization, the government was in need of great developable land. In order to obtain urban land, the government has implemented land expropriation. Under the justification of public interest, the regional governments in China often expropriate lands from farmers at arbitrary low prices. When turning farmland into land for use of commerce, the ownership is transferred to the state and the owners of the rural communities are not able to have direct influence. This process is accomplished by coercive deprivation of community land ownership. This phenomenon derives from the ‘dual track system’ in which state land and community land coexist. Under this system the market price of the expropriated land far exceeds the land compensation amount given to the farmer. As a result, the regional governments and the businesses that carry out the transaction acquire large gains. The one of the fundamental solution to the problem of land expropriation in China is to complement weaknesses such as the law of realty and the real estate administration law, and the second is to provide for systematic legal thought that will allow farmers to possess full land ownership.