Abstract

The dissertation takes Y county in Hefei as an example，to study the government land expropriation.Land expropriation is how to deal with the relationship between government and peasants，at the same time government must tackle the definition of public interests ，procedure，compensation.The only purpose of land expropriation is public interest by relative law in China，so jurisprudential circle focus on how to define public interest.On Rawls Theory of the Just-natured System and its enlightenment is that to regulate government ，to solve problem of compensation and procedure.The two principles of justice were derived from the veil of ignorance and the original state，and Rawls presented us with two major principles of equal justice，freedom and equality principles of the first，the other is the difference between principles and the principle of equal opportunities.His two principles to follow this sort： the first principle is superior to the second principle，the principle of equal opportunities than differences.If two principles are employed in system，system should be demonstrated by substantive justice，formal justice and procedural justice.System Justice is to build a well-ordered society.

Analytical framework is justice of two major principles-substantive justice，the formal justice，and the procedural justice- well-ordered society.The distribution of the system justice is the distribution of the government between the government and the people by the principle of justice.We find that distribution of government's own resources，such as the power and tax within hierarchy will affect the distribution of benefits between the government and farmers，the government and the enterprises.

From the perspective of two major principles，Y county government's land expropriation damage the rights of farmers，violate the difference principle.From the substantive justice，land expropriation of county government is based on law and superior government policy.It may be doubted that whether these system is justice mor legitimacy.From the formal justice，government must implement superior law and policy ，and the polices that they are made by themselves consistently.The standard of policy implementation should be unified，otherwise policy escapism is inevitable.Irregular governmental behavior leads to peasants and enterprise illegal activities，while government treats these illegal activities with illegal activities.

Irregular governmental is composed of three reasons.The first is that local governments officials are promoted by tournament model，which is characterized by cadres promotion step by step，Relatively closed arena，incentive incompatibility，etc.If eliminated，it means losing the political future.Superior governments assess subordinate governments by quantitative index，if subordinate leaders want to succeed in the contest，they have two choices- narrowing the gap or overrunning the rivals.For subordinate leaders ，Performance is in race against time，Real estate is the best choice .

The second is that abstract power and substantial power are distributed unbalance.Abstract power is set in law and policy，and substantial power is that abstract power is working.Generally speaking，they are disposed reversely，house compensation is prior to land compensation，resettlement compensation，compensation for young crops，because it is the largest ，but the most important decision-making was left to township-village government and Development Zone Administrative Committee.Township-village government ocupy two powers which means without transformation from the abstract into the substantial，proving its legitimacy and rationality.So corruption has aroused.

The reform of tax system since 1994 is aimed at to improve central government financial draw ability，macro control ability，with the increase of the proportion of central fiscal GDP，the central fiscal revenue accounting for the national fiscal revenue has been risen，while the local fiscal revenue has been declining，the public expenditure has been rising at the same time.So county-level government has no choice but to depend on land finance.City infrastructure，removal and resettlement require huge amounts of capital，and he PPP project advocated by central government is not ideal in local government，so land finance has its rationality.Perhaps land finance overdraft future wealth，but infrastructure is permanent，housing placement will be resolved sooner or later，if the government solve it nowadays ，which will ease the burden of the latter government.

To adjust the governmental ，we should make it clear that the qualifications of peasants to participate in the allocation of land expropriation fee，namely obey the justice of two major principles.The qualifications of peasants is by means of right.

From the point of view of substantive justice，the same price with the right of state-owned land and collective land，Collective land and state-owned land have the equal right to compensation.Reform the way of examination of cadres，let people to decide the prospect of cadres.Difference principle require to raise government compensation offer，land discount and land development supply a gap of implementing standard using past to judge present ，while it is reversely-using future to judge present.

Formal justice means to unified housing compensation policy.To implement the principle of equality of opportunity，migrants and local residents are conditional equality.A new working mechanism of unifications should be insisted to change the disorder standard for housing compensation.The problems left over by history，to solve them with favorable retroactivity.Resolution to the speculative building，to adhere to from local to global，removal of illegal construction for free.

To fulfill procedure justice，one is to improve the existing procedures； the other is to implement existing procedures effectively .If existing procedures are not implemented effectively，more of the program would be useless.

The dissertation innovation lies in three aspects：the first，application of the theory of system justice，the research on the policy of land expropriation as a local knowledge and its deep description.Analysis the problems existing in the land expropriation of the government from the three dimensions of the system justice o and its adjustment；The second ，from text and context to understand ，we are not pure land expropriation legal policy of the text analysis，but in the specific context of the effect of its implementation； The third ，from the bottom of legal policy operation and legal policy role to investigate the government land expropriation，we found that the collective land expropriation compensation policy in Hefei city is made by Township Government and Development Zone or Park Administrative Committee that is authorized by county government，which caused all kinds of chaos in land expropriation.Thus they own abstract power and concrete power，which leads to anomie actins in land expropriation.This is a unique view in the same kind of research in China.

Keywords：Governmental of County-level；Land Income Distrbution；City fringe