Research On Requisition Of Land

At present, the economy of our country is developed at a high speed, the construction land demand is strengthened, and the urban stock land can't meet construction's needs. The farming land becomes the main source of construction land. According to law and regulations, only state-owned land can be used for construction. So Land Requisition system undertakes to adjust the function for needing of land. However, a large number of contradiction and conflict emerged in the operation course, influencing the social stability. It behaves: first, government employs the police force the expropriation of land, and produce the conflict with peasants; second, peasants deal direct with enterprise, and bury the contradictory risk in the future; third, peasants become the poor personnel in the city after they lost land; forth, there has been great decrease in cultivated land and grain production. This article research Land Requisition System from Economic Analysis of Law. Economic Analysis of law, regard the New Institute Economics theory or the New Liberalism Economics as the theoretical foundation. The research approach to use microeconomics studies the legal problem. Its analysis tools are transaction cost, maximization, equilibriums and efficiency. The transaction cost includes information cost and negotiating cost. Maximization is the pursuit goal of rational people, referring to every party reaches great goal become lasting interaction form of existence most at the same time proportionally. Efficiency is the output getting the set level with minimum input. The analyzing steps are as following. First, assume the policymaker's goal is to reach the maximization. Second, find out the conditions that every policymaker reaches the goal pursued, and their relations won't spontaneous changed. The third step is to appraise the equilibriums with the criterion of efficiency. The analysis of this text is on the basis of two prerequisites. First, market economy basically establishes and continues developing in our country, which needs more land. Second, the land is kind of non-renewable resource, and the new demand can be realized only through the original owner transfer its right. The two subjects evaluate the land differently, which makes it possible to transfer the right. Supposing on this basis, the article carry on a series of prerequisites and enumerate four kinds of rules to adjustment land supply and demand, Land Requisition system is only one among them. Analyzing each rule, by the method of Economic Analysis, esp. current land requisition system, comparing with the efficient results of other rules. It should point out that we need to set up land supplying system separately from Land Requisition system, and the mechanism that enterprises negotiate with peasants directly. Only through this way can we realize the maximization of each subject.