A Comparative Study Of System For Land Expropriation Between China And The United States

As the current system of land expropriation was originated from the era of planned economy in China, which followed the ideology of the traditional economic development about primitive accumulation at the expense of agriculture industries in the era of the planned economy, the ideology is related with the priority of heavy industry development strategy in the early days of New China, in order to ensure State to obtain the necessary land for the construction of non-agricultural industries, lower construction costs, which has played a positive role. However, when the planned economy was transformed into market economy, a period in which the main tasks of the central authority were to promote economic development of agriculture and rural areas and to achieve urban-rural integration, the advancement of the system of land expropriation has been seriously lagged. Although our system of land expropriation has been improved to some extent, there are still many problems. In comparison,the US system of land expropriation has a history of more than 200 years,and has greatly facilitated the country’s industrialization,urbanization,and modernization of its rural areas. America’s experiences in its long judicial practices are also applicable to other nations. They can serve as particularly useful and important reference to China, which is experiencing rapid industrialization and urbanization,and therefore is in urgent needs to perfect its legal system on takings in order to promote social harmony. This thesis studies US system of land expropriation,in order to find the defects of the system of land expropriation in China. Based on the experiences of land expropriation from the United States’s mature market economy institution and framework of rule of law,China will find that the US experience might be of much relevance in China’s effort to reform the current land system in the direction of a true market system.The thesis analyzes the land expropriation system of the different historical period, evaluates reasons of the changes and the law of development, explores the evolution of the direction and projects trend of land expropriation system in China in the future. The thesis also utilizes the method of microcosmic comparison. Law is a practical subject, iaiming at practical problems of life, therefore, it should not be suffocated in the theoretical canons but be engaged in a manner of appropriate maneuverability when due for implementation. Given above fundamental features of practical land expropriation system , this thesis focuses on the comparison of the definition of the public interests, the principle, stantards, scope, means, and objects of compensation, the dominating model and types of land expropriation procedures, specific procedures of notifications, public interest verification, hearing, purchasing and compensation procedure as well as the relief mechanism of land expropriation system between China and the United States, in order to find shortcomings of land expropriation system of China.In the comparative study mentioned above, this thesis puts forwards some concrete measures and suggestionsto perfect the system of land expropriation in China. For four reasons: 1) the land system is the foundation of land expropriation system, 2) public interest is broad, 3) the compensation principle is low and 4) the distribution of compensation is disputed , which are closely related with the land system at present, our country should reform the system of collective land ownership. First, the system of land property rights should be innovated. Our country could follow the British land system, we should gradually extenuate the ownership rights, consolidate land-use rights, letting the collective village enjoy the nominal ownership, and farmers to have the actual ownership, in the form of use-rights, eventually. Second, let the collective construction land freely enter the land market without unnecessary government interventions. This could narrow the scope of land expropriation and promote the reformation of expropriation system.As far as the system of land expropriation is concerned, several things should be done. First, our country should enact unified law of land expropriation, where the legislative guidelines should respect private property rights and establish the equal treatment principle. Meanwhile, the market should be relied to allocate land resources while the balance between public interest and private interests should be taken into account. The legislative principle should follow the principle of responsible administration, the principle of proportionality and the principle of limited power. Second, we should take the mode of substantial law and procedural law, in order to define the public interest. Third, we should reform the financial system and collect the property tax, so as to reduce financial pressure of the local government. We also should take the fair principle of compensation, broaden the scope of compensation, establish diversified standards of compensation and take the principle of the monetary compensation, in order to reform the system of compensation. Fourth, in order to reform the land expropriation procedures, our country should adopt the legislative model, add emergency procedure, improve notifying procedure, establish the independent surveying procedure, add a confirmation process of public interests, improve hearing procedure, establish the procedures of negotiating purchases and the procedure of the market assessment. Fifth, our country should establish the system of three levels and a complement about right relief, the mediation is located in the first level, the administrative adjudication and administrative review is located in the second level, the litigation is located in the third level, and the complaint is a supplement, so as to perfect rights relief mechanism of land expropriation.