Agriculture To Impose Legal System

"Rural land" means the land that the farm collectivities own and use, such as farmland, forest, grassland and other agriculture land according to the law. In China, rural land plays the different roles between the nation and the peasants. Rural land expropriation is a kind of deed or behavior and system which the nation takes over the land property by force from the farm collectivities, or exorbitantly restricts the land rights of the peasants. The justification of land expropriation are representing as following aspects, the justification of land expropriating right, the justifiability of land expropriating compensation and the satisfaction for the constraints in the land expropriation.Land expropriation has become the approach to satisfy the demand of land for construction in China. Nowadays, the cases of illegal expropriations are becoming very popular, and the land expropriation goes against its original intention. During the proceeding of land expropriation, the tache, methods, mode and its result violate the tenet and aim of rural land expropriation. The behavior of rural land expropriation goes dissimilated, and its basis is gradually declining which can be concluded as following, rural land expropriation has deviated from the public benefits, the rights and interests of peasants are infringed, land expropriation pushes the rising of corruption. There is close relationshipbetween the problem of dissimilation and expropriating validity. Depending on the law system, the irrationality of expropriating system leads to the dissimilation of land expropriation. Furthermore, the property system of rural land results in the loss of rights and interests of peasants, the compensated system of land expropriation is against the rights and interests guarantee of the landless farmers, the invalidity of corresponding restricting and incentive system urges the local governments to expropriate illegally.The countries and areas with higher marketization all experience the legal institutionalization of the land expropriation, and these countries and areas have being strengthened on the restriction of governmental power and increased to ensure the right of landowner. All of these experiences and legal system inspire us to know that sound expropriating legal system is the assurance to make the expropriating system legalized, reasonable confirmation of public interests is the precondition to legalize the expropriating system, equitable and high-efficient expropriating procedure is the basis of expropriating legalization, fair and reasonable compensation is the key to legalize the expropriating system, perfecting dispute resolution and relief mechanism are the guarantee of expropriating legalization.We should reform the rural land expropriating legal system at both state government level and local government level. At state governmentlevel, we should reform and consummate the substantive legal system of rural land expropriating law according to the following aspects, legalization public welfare purpose or public purpose, rationalization of compensative principles, marketization of compensative value, plurality way (multi-way) of compensation and allocation, and the reformation of corresponding legal system. The reformation and optimizing the procedure legal system should do as follows, making the procedure law for investigating public-welfare aim of rural land expropriation, optimizing the procedure law to guarantee the right to know of losing-land peasants, ameliorating the hearing procedure law of rural expropriating compensation, carrying out the disputing arbitrament of compensation and allocation.The value of local legislation innovation of Chinese rural land expropriating should be concluded in the following aspects, the local legislation insures that rural land expropriation can be put into effects in its own administrative region, and rural land expropriation strengthens its authoritative position in local area. Local legislation solves the problems which the governmental expropriating law can not resolve or it is not suitable for the national legislation to deal with, also it provides the successful experience for the country to constitute the expropriating law someday. The local legislation settles down the problems of rural land expropriation according to the situation in its own region, and clears awaythe obstacles on the road of system transition. Local legislation of rural land expropriation is the sword of double blades. The innovation of rural land expropriation must insist the principle of legitimacy and rationality. The innovation must be carried through the limits and its procedure with the guidance of unitive national legal system. In western minority area of China, with the Development of West Region, industrialization and urbanization, the government should promulgate and carry out the correlative local legislation on rural land expropriation by adjusting measures to local condition. The governments of western minority region should search after the suitable plurality allocation mode under the condition of local fact, and try to work up and optimize the social security system of landless peasants in western minority region. The government must assure the living standard of losing-land peasants cannot come down after the land being expropriated. At the same time, the government should constitute the suitable rural land expropriating procedure depending on the fact of western minority region, broad the way of lawsuit mechanism to protect the rights and interests of landless peasants, and optimize the remedial measures of landless peasants.