Comparative Study Of Cross-strait Land Requisition System

In contemporary urban expansion, lands, which peasants depend for existence, are experiencing type conversion. The core problem of farmlands is the guarantee of peasants' land rights and interests. In recent times or many years to come, the focus problem of peasants'land rights and interests guarantee have always been lying in land requisition. Mainland China and Taiwan district are both influenced by the tradition of continental law system, thus share many common points, which meet each other's needs, in peasants'land rights and interests guarantee, In this view, the comparison of the land requisition system across the Straits should be a beneficial attempt to investigate the problems of peasants'land rights and interests guarantee. The aim of this thesis is to examine and analyze the land requisition system in mainland China through the investigation into the land requisition system in Taiwan district; state and analyze the following aspects of cross-strait land requisition:the purposes, the types, the scope of compensation and the procedures in the hope of drawing on the experience of land requisition in Taiwan district so as to improve the current land requisition in mainland China. This thesis can be divided into six chapters.The first chapter investigates the origin and development of the systems of cross-strait land requisition with Soviet land system and Taiwan land system during the Japanese colonial period as the starting point, analyzes the cross-strait rural land systems transformed and moulded respectively by the land reform carried out in mainland China after the foundation of PRC and that carried out in Taiwan after kmt regime moved there and combs out the development of rural land system in mainland China and Taiwan district. The illustration reveals the differences in the development of two distinct legal systems and economic model construction behind the cross-strait land system reform routes.Chapter two discusses the basic theoretical problems of farmland requisition in an attempt to seek the legitimate basis for farmland requisition. The sharp contradiction existing in farmland requisition is substantially the contest between the public interest represented by the government which requisitions land and the personal interest of peasants whose lands are requisitioned. In this chapter, the author holds the view that with the public interest as the foundation, farmland requisition can be legitimate in the following four basic theories:1. social contract theory, namely, treaty concluded based on the public interest between the people and the state,2. sovereign power theory, namely, the state can allocate the property within its rule for public purposes,3. public product theory, namely, farmland requisition is the inherent requirement for the production of public goods,4. special sacrifice theory, namely, property rights perform certain social duties, and the state should requisition private property based on such social duties.The third chapter analyzes the legal system for the land requisition in Taiwan district from the functional perspective. The main purpose of this chapter is to systematically classify the legal system for the land requisition in Taiwan district into the following categories: requisition situation, requisition basis, compensation for requisition and requisition security offices and sum up such characteristics as administration guidance, preconditions, compensation for present value basis and dissent and reconsideration over requisition, so as to provide useful references for the legislation of land requisition for the collectively owned lands in mainland China.The fourth chapter focuses on the land requisition system in mainland China, analyzes the regulation of the right of administrative agencies to turn collectively-owned land into state-owned land by requisition, the procedures of the enforcement of the right and the obligation they assumes thereunder for compensation on the premise of public ownership of land as the basic land system. On this basis, the author illustrates the following aspects and their organic connection:the legal basis of the internal infrastructure of land requisition system, the compensation system of land requisition, the procedures of requisition and the remedies for the land requisition.The fifth chapter makes a comparison between cross-strait land requisition systems on the basis of the argument and discussion in the previous chapters. The focus of the comparison lies in compensation systems, compensation standards, procedures and modes of cancellation of the cross-strait land requisition. In view of the problems existing in the cross-strait land requisition, the author believes that the procedures of land requisition desperately need to be standardized. The problems of land requisition are not simply compensations for land-requisitioned peasantsland-expropriated peasantsland-expropriated peasantsland-expropriated peasantsland-expropriated peasants due to their'special sacrifice' to meet the'public interest'. From a broader perspective, more attention should be paid to the guarantee of land-requisitioned peasants'rights to subsistence.Chapter six puts forward the idea of the improvement of land requisition system in mainland China. The author thinks that the focus problem in the process of turning the rural lands into the urban lands is to properly assign some relevant rights concerning lands. If the government wants to successfully achieve the basic goal of land requisition, they should resolve the conflict between the public interests and the personal interests. In this view, improvement should be made on the allocation of the rights among state ownership, collective ownership and peasants' contract rights, so as to form checks and balances between administrative power and peasants'land rights in the process of handing peasants control and limiting the government. In the future, the land requisition system in our country will ensure the rapid development of the state economy on the basis of reasonably defining land property rights, establishing effective security mechanism for the procedures of land rights transfer and effectively protecting peasants'legitimate land rights.