Research On Collective Land Expropriation

Collective land Expropriation of is a channel of transformation from suburban land into state- owned one and a natural phenomenon in the process of economic development. Due to the differences in development stage and resources, different countries focus on different aspects of land problems, thus leading to different land expropriation system. Our country is of large population while comparatively lacking in land and is a socialist country, therefore attention should be paid to the suburban arable land and people there in order to work over the problem of collective land expropriation, which, as can be seen includes the problems of economic development and protection on arable land. That is to say, in dealing with the legislation of the land expropriation, it is necessary at the same time to lay stress on the uses of grain producing land and peasants guarantee and the uses of land at the stage of the rapid industrialization and urbanization in China. Expropriation of collective land, on the one hand promotes economic development; while on the other hand it might create negative effects on food safety, social security and eco- environment or even pose threats on the every existence of 800,000,000 peasants thus intensifying social conflicts. This thesis hereon starting with the validity of the collective land expropriation system, discusses the theoretical basis of the legislation and under the guidance of the peasants problem probes into the land laws in the system of the stated- owned land and collective ownership and expects to offer a theoretical and legal angle of view of collective land expropriation so as to ultimately create a harmonious society.This dissertation first gives a brief introduction of the problematic consciousness of the advancing, questioning and further researching of the problems and upon this explains the significance of the research. The introduction, as the starting point of the whole thesis stipulates the content and direction of the research, point out the consciousness of the situation of a country that must be considered in the land laws and collective land expropriation system and as a result clarify the practical significance of the research.The body is divided into five chapters. The first chapter generally and discusses the land expropriation system building upon the current system of land ownership with the land system practiced at present as the background. Covering a wide field and with plenty of contents, the land system practiced currently in China is the basis of every land law systems and should be first considered if the collective land expropriation system is to be studied. China puts the socialist public ownership into practice, namely ownership by all the people and collective ownership of laborers , but the nature of land expropriation is to transform collective land into state- owned one in compliance with the legal proceedings. Therefore research on current land system in China expatiates on land ownership, system of land access and land acquisition for construction system. Specifically speaking, we practice socialist public ownership, that is, ownership by all the people and collective ownership of laborers. Ownership by all the people is in the form of state ownership, under which the land is called stated- owned land, national land for short whose ownership is the state land ownership which is executed by the nation on behalf of the whole population that is in turn represented by the State Council. Land's collective ownership of laborers is in the form of the rural collective ownership, under which the land is called the collectively- owned land, collective land for short. As the legal manifestation of land ownership, its land ownership is the collective ownership. The rural collective land belongs to all the peasants of a certain collective community and its ownership is executed by the rural collective economy organization or the villagers'committee. As far as possessing relationship is concerned, difference should be clarified between the national land ownership and the rights to collective land expropriation. Collective land eminent domain refers to the national power stipulated in national constitution rather than the rights in civil law. It embodies the dictatorial relationship of order and obedience but not the equal relations between the civil subjects. This is of utter importance in the research on the collective land expropriation issue in that with this point it is easy to note the different nature between the national public rights and national land ownership and paves the foundation for the further research on the legal concept on how to realize collective land expropriation. By analyzing the variance and characteristics of the rural collective land ownership, this paper generally summarizes the definition and evolvement of collective land expropriation system in China and decides on the whole its origin , development and principal procedures of the current collective land expropriation system. In conclusion, China is a socialist country and the public ownership of means of production and the rural land collective ownership are the basic reality of the economic system and the greatest situation of our country as well as the basis for constructing the rural land systems in China.The third chapter examines minutely the validity of the system of collective land expropriation. The author thinks validity should be based on the broad sense of understanding, that is, legality and rationality of legal understanding. From this perspective, the research on the land utilization, land management, land protection and land rights proves the system of collective land expropriation. Firstly, land, as a thing incarnates its value in how it is utilized by men; while on the other hand, as a thing of particularity, the knowledge of the relationship between man and land directly affects people's usage of land. Therefore, further consideration on the usage of land should not only bring about the reflection of the scholars, become the guidance for the governmental administrator to make laws and regulations but also go deep into the subjective consciousness of the land utilizers. The predatory land utilization and the hidden crisis caused by the deregulated land expropriation are all closely connected with the wrong ideology about land utilization. As a result, to seek the guidelines really good for the land utilization is the core of system of land expropriation. To simply avoid the transformation from collective land to national land is not only no solution to this problem but also it might result in even more irrational utilization of land for not seeing the validity of collective land expropriation system.Secondly, land management verifies the validity of land expropriation system. It is no doubt that countries throughout the world exert management to a certain extent and in a certain scope to the land utilization. The system of collective land expropriation based upon our existing institution should find some resources and utilize them no matter from the validity of the system or the specific system implementation compared with the land issues in other countries in an acceptable range. Based on our countries concrete conditions, as collective land expropriation means the transformation of the land ownership, it features more the indispensable role of country in this system. Thirdly, verification of the validity of collective land expropriation from the perspective of land protection is an important channel to reinforce land legislation. Only by consolidating land legislation can the system of collective land expropriation be brought into full play in the current economic development and the phenomenon of irrational land expropriation such as random and excessive occupation be really shunned. At last, from the historic evolution of the ownership system can be found the trace of it from absoluteness to sociality and to coordination and the evolution of ownership centering on belongs to that on utilization. Ownership is not a static concept, and the life content it includes should be the focus of laws. In addition, laws and rights are all determined by the real historical facts. At present in China, the problems in the land expropriation institutions are not contradictory with the formation of rights but instead it is only the continual enrichment of rights that directs the development of land eminent domain.The fourth chapter elaborates on the theoretical basis and principles of public interests and sustainable development in land expropriation system. Land eminent domain is a special power granted by the constitution to the government. With this power, the government can perform mandatory confiscation on the collective and private properties in compliance with laws no matter the property owners are willing to liquidate or not and no matter haw their subjective assessment are. Judging by legislations of all countries, every country makes special laws in order to avoid improper division of national powers and regards the public interests as the sole justifiable reasons for land expropriation. Need for public interests is the only accepted causes of the nations demurring against the legal rights of individuals. Social order in every country id confronted with rights distribution, limitation of rights range and the coordination of some rights with others. Therefore, need for public interests, as the guidance principle becomes a solid theoretical foundation for the construction of a sound collective land expropriation institution. The possibility and necessity to define and explain public interests and the interpretation of specific expropriation system make up the primary content of the public interests principle, thus prescribing the value of the collective land expropriation institution. Principle of sustainable development, as a new justice concept determines the strategic ideas of the development in China and exerts deep influence upon the construction of current systems. The sustainability of the land utilization with the guide of the scientific development view has become the true elements in land expropriating acts. With the control over land occupation, practice of land occupation and compensation system and the idea of protecting arable lands, the Principle of sustainable development has become the value aim of the collective land expropriation system and as a result become the theoretical basis for the perfection of land expropriation institution.The last chapter tries to build up an institutional conception upon the former research and puts forward some specific constructive proposals with the purpose of perfect the collective land expropriation system. It first brings forwards the thought and goal to improve the expansion capability of construction land, build moderately coordinated and matched systems and take the fair value in current society in pursuit of reforming land expropriation system by pointing out the many existing problems stemming from land expropriation such as abuse of land eminent domain, commonplace of violation of laws and illegality and the low land acquisition compensation. It then suggests the perfection of related systems on land expropriation for instance, establishment of land planning laws, betterment relevant civil legal system and the legislation of land expropriation and full consideration of sound land compensation, etc. at last, it emphasizes the significance of procedure equality and specific perfection measures so as to achieve the concept of justice and equality in both form and essence.The conclusion expresses the ideal of legal basis to create a harmonious society and suggests that how to find out the"harmony"gene in the civilization of China is the future objective that still needs great efforts. The author believes that it is only the harmonious and modern society of laws that is able to achieve"village within the city"in the process of transformation from agricultural land into non- farming land, achieve the modernization of agriculture and build a new mode of production different from the traditional family farming mode.