Study On Legal Question Of Land Expropriation

Land expropriation is the outcome of proprietorship socialization, and the limitation to land proprietorship. Power of land expropriation itself shall be limited while it imposes limitation to land proprietorship, which will otherwise bring on power abuse. The three major forms to limit the power are commonweal purpose, due process and proper compensation.In China, there is obvious abuse of land expropriation power, which leads collective and peasantry's interests unprotected. From the perspectives of assorting with public interests and private ones, especially, protecting the peasantry's interests, the writer discusses the major legal issues of land expropriation in the thesis. Firstly, the concept of land expropriation, the theoretical source of the system, its nature and characteristics, and improvement of the system in amendment to the Constitution of the People's Republic of China are discussed. And then, the three major forms to limit power of land expropriation are discussed in detail. Finally, the writer analyzes the deficiencies in Chinese existing land expropriation system, uses overseas system for reference, and then proposes on how to improve relevant Chinese legal system.The paper is divided into five chapters besides the introduction and conclusion, which will be about 40,000 words.