Land Expropriation Compensation Legal System In China

With the rapid development of our economy,urbanization,industrialization process also will speed up More and more agricultural land by taxing into land for construction purposes, the current land expropriation and become the main ways of new construction land. But along with our country market economy, the gradual improvement of the existing land expropriation compensation system produced in the planned economy period in already cannot satisfy the needs of market economy condition. Some problems of land expropriation compensation for the club concerned, and even trigger some group of events. The current government existing in land expropriation compensation in many issues, such as: the scope of land requisition land requisition procedure brittle, chaotic, the land compensation in arrears, lost-cropland peasants settlement, etc, caused a serious waste of land resources, landless farmers production, life is no guarantee of social harmony, become influence induced factor even affect social stability situation. To make our limited resources to obtain reasonable use of land, make the landless peasants' production, life not because of land and reduce levy, establish and perfect the current land expropriation my compensation system is very urgent. For landless farmers can reasonably appropriate placement, related to the rural stability and development, production and income of farmers to major social problems, and these problems will directly affect the overall development in our country, the harmonious and stable situation. So this paper attempts to our current collection system compensation system, detailed research, justified and explore a program acquisition for clear and compensation in place, scope and effective judicial relief approaches, suitable for Chinese characteristic socialism market economy of land expropriation compensation system. This text is divided into four parts. The first part: land expropriation compensation system theoretical basis. First through detailed analysis of some of the viewpoints from experts and scholars, defines the concept of land expropriation compensation, and properties of the concept and nature on the basis of the analysis of land expropriation compensation law found the specificity, main characteristics, the collection of mandatory, and our country land expropriation compensation based on the actual loss existence as a compensation conditions. The legitimacy of land expropriation compensation including human rights guarantee internal logic demand, maintain social stability, ensure fairness and justice, and detailed analysis of the land expropriation compensation system theoretical basis. The second part of the compensation system of land expropriation: our current analysis. In the first part, comb China on the basis of land expropriation compensation system, our country land expropriation system mainly is the legal basis for the constitution and the land administration law, the property law. Detailed analysis of the current land expropriation compensation system and points out the existing problems mainly has: lack of "public interest" reasonable definition, lack of corresponding land expropriation compensation principle, and compensation programs, etc. Part 3: foreign (regional) of land expropriation compensation legislative practice and reference. Major western developed countries for reference, the United States, Britain and Taiwan in the land expropriation of laws and regulations. Although our country land ownership is countries and collectives, foreign western developed countries and Taiwan land ownership is private ownership structure, in all the existing nature in different, but the "public interest" definition, scope, the land expropriation compensation standards and land compensation legal remedies etc advanced experience and legislative thoughts or worthy of our reference. Part 4: perfect our country land expropriation compensation system suggestion. In full analysis of the compensation system of land expropriation in China based on the collection of the compensation for reference foreign experiences of combining the current the actual situation in our country, puts forward the Suggestions: the land expropriation compensation reasonable define "public interest" scope, regulating the procedures, land expropriation compensation land expropriation compensation form should be diversified, to establish a fair reasonable land expropriation compensation standards and to establish a fair compensation, basic principle.Land expropriation compensation problem relates to a series of problems in the development of society, not just theoretical problem is a practical problem. Under the guidance of the scientific concept of perfecting the compensation system of land expropriation, grasp the land expropriation compensation to ensure reasonable degrees in urban, industrial construction land and guarantee the food security, standardize government land expropriation compensation behavior, promote the construction of socialist democracy and the rule of law and the whole social process of sustainable development has profound significance.