Research On The Illegal Activities Of Land Requisition

Land requisition is the current and future economic construction and social development in China's economic development in a long time and a wide range of administrative acts..Land resource is rare and irreplaceable,land requisition has great influence to the land owners' current and future rights and interests.So land requisition must be carried out in strict accordance with the law,but there are many land requisition behaviors which contrary to the provisions of law?legal principle or the spirit of law.First,the process of land acquisition procedures is illegal,for example land acquisition without approval?overdue land acquisition.Second,the subject of the main land is illegal,mainly refers to the government departments acquire land without powers and delegate the power of land-acquisition illegally.Third,the means of land-acquisition is illegal,for example,requisite land by using violence,reward or punish villagers illegally.Fourth,management confusion of the land-acquisition compensation is illegal,for example,source of compensation for land requisition is illegal,distribution of compensation for land requisition does not meet legal requirement.Illegal activities affect the legitimacy of the whole land requisition.As a administrative act,land requisition must be in line with legal provisions in process?subject?measure.But illegal activities of land requisition just exist in process?subject?measure,which cause peoples` doubts about legitimacy of land requisition.For example,land acquisition without approval leads to the dispute of the legitimacy of administrative proceedings.Can compulsory expropriation of land,especially requisite land by violence ?cutting of water and electricity etc.be considered seriously violate the Constitution?administrative law,so lead to the rejection of the whole land requisition.There are two consequences of illegal activities of land requisition: first cause the whole land requisition illegal,some illegal activities of land requisition is so serious that it denies the legitimacy of land requisition,such as violent expropriation;second cause flaw of the whole land requisition,illegal themselves but can not vacillate legitimacy of the whole land requisition,such as lack of approval procedure that can complete.Illegal activities of land requisition multiple continuously,how to solve their effect on land requisition.This article analysis some reasons,discuss the necessary of legislation,and then offer legislative suggestion of each illegal activity of land requisition.