| The current systems of land expropriation in our country came into being in the period of planned economic system in the 1950s, and it had played a positive role in guaranteeing national construction at that time. But with the development of socialist market economy, the defect of this system increasingly stands out Current systems of land expropriation reduce the efficiency of land allocation , bring large numbers of peasants losing field, and affect social stabilization. This paper discusses the present condition of land expropriation systems in some foreign countries and ours, deeply analyses our country current systems of land expropriation, discusses the advantages and problems of land expropriation systems in our country, and puts forward the countermeasures and suggestions to perfect the systems of land expropriation in our country. The main research results are summarized as follows:1 .The systems of land expropriation in our country possess the basic features such as nation subject, compulsion of expropriation , commonality of purpose, properly compensability, uniqueness of object, approbation of legal procedure, compensation to person not to land, and obvious shadow of planned economy.2. At present, the problems exist in the systems of land expropriation in our country are that the ambiguity of public welfare and purpose cause misuse of authority of land expropriation, there exists conflict between general planning of land use and practical construction land use, compensations fall short of market economy regulation, distribution and administration of land earnings are in a mess, the problems of losing land, employment and unemployment of peasant are severe, the process of land expropriation lacks transparency, the phenomena of paying in arrears, intercepting and peculating the expense of compensation and allocation are outstanding, measures of supervising units' land use conditions after land expropriation, the law and regulation of land expropriation are incomplete, and the phenomena of lawbreaking in land use are severe.3. Primary countermeasures to perfect current land expropriation systems in our country are summarized as follows:(1). The undivided enforcement patterns should be established . Land expropriationmarket should be built up to realize the change of agricultural land to the non-agricultural land, carry out " the combination betweenland expropriation and land reserve , the separate between land expropriation and land supply ", land expropriation and land supply should be divided into two processes.(2).New ways of land compensation and settling should be established. Professional land assessment system should be established, increase the standard of land compensation, reasonably distribute land compensation earnings, and carry out the diversified compensation ways.(3). Land property right should be clarified , and country land registration ways should be strengthened. A series of content of land ownership should be determined such as ownership limit, area, use and location, and land right should be registered by the way of certificating.(4). Land scope of public welfare should be strictly limited. Land expropriation should be merely exerted for the needs of public welfare, " public welfare " should be limited strictly in below: military land , government organization land, energy and traffic land , public facility land, major project land, environmental protection land, the recognized public welfare land.(5). The governmental authority of land expropriation should be strictly controlled. We should establish the responsibility system of land expropriation to put responsibility into effect step by step, and constitute the censor's committee of land expropriation to monitor and to examine.(6). The law and regulation systems of land expropriation should be built up and be perfected. The law and regulation related to land expropriation should be enacted as soon as possible. It should definitely determined the public welfare extent of land expropriation, establ... |
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