Research On The Legal System Of Land Expropriation

China is a country with a long tradition of agricultural culture. In traditional Chinese society, land carrying a lot of wealth outside the value:it represents a settled lifestyle; it is the life of the peasants; it is a kind of spiritual sustenance. This idea still has certain influence in the contemporary Chinese society. Therefore, in our country, the protection of land rights is particularly important. At present, our country is in the key period of industrialization, city development, building bridges, highway, rail, park, hospital, industrial park, city public facilities, industrial factories need a lot of land. However, in China, the land of the socialist public ownership, private transactions do not exist, at the same time, given the limited city land reserve, land expropriation has become the industrial city, with the main source of the.Unfortunately, however, the anomie of land expropriation has become the cause of social contradictions in our country an important match. According to related statistics, because the land requisition of rural mass incidents have accounted for more than60%of the rural mass incidents; Caused by land expropriation of official corruption cases we see an endless; Land requisition abuse is the important reason for the construction land utilization rate is low in our country; Land illegal collection led to environmental pollution also emerge in endlessly; Land requisition abuse contributed to steadily reduced farmland area, food security in our country under threat of important reasons, and so on.Caused the unbalanced interests in land expropriation is the root of social contradictions, such as land expropriation and compensation is too low, farmers’ land rights "poverty" is one of the important factors causing rural mass incidents; Land "price scissors" is caused by local "land finance" in China, land corruption, the important reason for the low construction land utilization, etc. In modern society, the law is assigned, balance the interests of the important tools. Therefore, we believe that the land expropriation and the perfection of legal system is the key to solve the problem of unbalanced interests in land expropriation in our country. Along this line of thinking, this paper mainly divided into five chapters. Below, we will express as follows.The first chapter is summary of legal system of land expropriation; This chapter with etymology, historical analysis and comparative analysis methods for land expropriation concept carried on the thorough analysis, was that land expropriation is a concept of "advancing with The Times", at least should include the "public interest","reasonable compensation", the "due process" three main factors. On the basis of clarifying the concept of land expropriation, the article further the nature of the land expropriation and legal characteristic has carried on the comprehensive discussion. Article think land expropriation is a blending of both public law and private law nature of legal behavior. As legal act, it is the purpose of public welfare, the transfer of ownership, mandatory and compensatory, etc.The second chapter is the Land Expropriation System. This chapter focuses on three aspects of the problem were discussed. The first part of the world land expropriation combing through the legislative situation, the classification will be distributed with the codification of the two modes. This paper argues that the model have their advantages and disadvantages, and at the same time, the land expropriation legislation pattern is by the national land system, legal system, political system, economic system, and many other factors. When choosing land expropriation legislation pattern in our country, therefore, must be combined with China’s specific national conditions, not rigid practices. The second part introduces the status of the Chinese legal system for land expropriation. Our land expropriation legislation pattern is decentralized, and there are many ills. The third part is the discussion of the expropriation of land reform legislation. this paper argues, land acquisition in our legislative reform, reform is a codification of the direction of the road.The third chapter is land expropriation in the public interest defined. At present, the cause of many ills in land expropriation is an important reason is that the "public interest" element of the missing or ill-defined.At present, many defects in land expropriation in our country one of the most important reason, is the lack of "public interest" condition, or a well-defined. Based on the importance of this problem, this paper discussed discussed. The first part of this chapter is the introduction to the theory of basic public interests; This part firstly from the perspective of etymology, history on the concept of public interest in parsing, believe that education is a strong volatility, the concept of content is extremely rich, to define must combine concrete national conditions, the condition of social development, etc.; Second, we think that to define the public interest, it must be with the national interests, social interests and collective interests, common interests and government interests is a similar concept; Finally, we think that although the public interest is the concept of a fuzzy, difficult to define, but it at least has legitimacy, universality and hierarchy, open or non-exclusive and developmental or volatility characteristics. Clear its characteristics, and define the public interest has a great help for us. The first part is the chapter definition of public interests in land expropriation; First of all, we think the definition of public interests in land expropriation is necessary, it is balancing the public interests and personal interests in land expropriation, land expropriation right restriction, protect citizens’ rights, governance business tax issues have an important role; Second, we theoretical and practical circles all over the world were summarized and the public interest in land expropriation and define the standards, and think about its definition must be placed under the framework of the constitution. Finally, we summarized the definition of public interests in land expropriation mode, think there are mainly legislative and administrative organs and the judicial organ three mode; The third part mainly introduces the present situation and reform of public interests in land expropriation in our country road; In view of the definition of public interests in land expropriation in our country there are still many deficiencies, we still take the blend mode to solve the problem.The fourth chapter is the basic principle of land expropriation. Considered in this chapter to regulate land expropriation rights and protection of the citizens’ rights to land, land expropriation must abide by some basic principles, such as due process and fair compensation. Principle of due process is the world’s countries have pursued a basic principle in land expropriation, land expropriation rights for constraint, plays an important role to protect the rights of citizens. At present, there exist shortcomings the process of land expropriation in our country, such as land expropriation examination and approval procedure is too abstract, lack of openness the process of land expropriation, land expropriation and relief procedures incomplete, etc. In order to regulate the behavior of land expropriation in our country, we must reshape the principle of due process of land expropriation in our country. Fair compensation is also the important basic principles of land expropriation."Compensation" has become the world’s most necessary element of national land expropriation. Throughout the history of the world land expropriation compensation, compensation principle mainly include the complete compensation principle, appropriate compensation principle and fair compensation principle and so on. In this kind of compensation principle, we believe that the fair compensation should be a modern country should abide by the basic principle of land expropriation compensation. Our land expropriation compensation still exist, such as the compensation principle is not clear, not unified, the compensation scope narrow, low standard, compensation procedure is imperfect and the defects such as single compensation way. In order to solve this problem, we must perfect our country land expropriation fair compensation principle.The fifth chapter is the reform of land expropriation in our country legal system path and thinking. We believe that the legal reform of land expropriation should be placed under the background of land system reform in our country. The perfection of legal system of land expropriation reform without supporting system. At present, the land expropriation and an important reason for those difficulties was caused by the defects of the system of collective land ownership in China. The defects of the system of collective ownership in China is mainly a subject in ownership, and ownership such as the limited power. This is lead to land expropriation in our country, the rights of the landless people is not one of the roots of guarantee, to perfect our legal system of land expropriation have to reform the system. We think our collective land ownership system should go the way of improvement. The disadvantage of China’s land expropriation of land expropriation of the unbalance of interests, so the legal system of land expropriation reform must be for the purpose of balancing of interests.