Theory On Chinese Land Expropriation System

The land expropriation refers to the legal system that the country based on public interests need forcefully to obtain the personal landownership and give corresponding compensation. Along with the fast development of our country economy, the questions in land expropriation expose to be much and more and more serious, the land expropriation system already becomes a hot topic. the laws of reality newly through carry regulations on the land expropriation system, but the regarding regulations of the procedures, the right determination and the compensation are very simple ,careless and bad in operation , moreover the academic world is also different in ideas and viewpoints on some basic questions. Based on this, this article attempts to carry on some shallow discussions and propose legislation conception to solve these questions and consummate our country land expropriation system, which revolves the elementary theories and the reality questions appears of the land expropriation through detailed literature summary and theory inspection.This article has four parts.The first part the elementary theory and the value of the land expropriation system. Elaborates the meaning limits of the land expropriation, discriminates the correlated concepts and three basic characteristics of the public goal, compulsory and the compensating. Namely the country must strictly accords to the legal regulation, when the appropriate body on behalf of nation exercises expropriation right according to the law procedure, the land expropriation is a kind of fact behavior (administrative action); form the angle of compensating consequence, the land expropriation is also the civil fact behavior.The second part the inspection and evaluation of overseas land expropriation system, and enlightenment to our country. This part firstly introduces the land expropriation system in French, German, Japan, Canada and Taiwan area , carries on the evaluation to these systems in market-developed countries, summarizes the common grounds between these systems and proposes the enlightenment to the land expropriation system in our country.The third part the analysis on questions and reasons of expropriation system in our country. The main questions: the contradiction between public interests and the present land expropriation law system, the non-standard procedure, the serious illegal phenomena; The land expropriation compensations weak of forceful protection, the lacks of constitution regulations to land expropriation compensations; the chaotic procedure of expropriation compensations, the complex legislation level, the low level compensations, the serious loss of farmer benefit; the land compensation payment not arriving, places not to be carried out, the farmer long-term livelihood not to be safeguarded; the weak judicial safeguard to land expropriation for the farmer rights and interests and so on.The main reason of these problems is the land collective systems arrangement, on one hand this design causes main body of the collective land property right not to be clear, directly causes the lack of legal basis the farmer's demand for surplus after the collective land expropriation, also has caused the confusion of the collective surplus demanded; On the other hand, as the same with state-owned enterprises, the land collective also has the question of lack of main body. Moreover the government expropriation still is the only and must method that collective land use transfers into the non- agricultural construction ,which cause the land market malfunction ,and the price was unable decided by the market but completely the government monopoly, which is the basic reason of he problems of land expropriation process. The vacancy of legal surveillance system becomes the immediate cause of the questions. the authority of the government can not be under the effective restriction.The fourth part the evaluation to our new Laws of Reality and the consummation of our land expropriation system. The conception This part firstly analyses the regulations about expropriation system in Laws of Reality , then proposes conceptions to consummate our expropriation system: First, to clear the connotation and extension about the public interest; Next, to consummate land expropriation procedure, especially to introduces the hearing procedure; then ,from three aspects that the clear limits about property right, the standard reform to land expropriation compensations and the transformation traditional the compensations method to reform and consummate our expropriation compensations system; Finally, to establish perfect judicial relief way, the judicial relief is the last barrier for people who suffer the harm to seek the protection. The stable judicial process is the best way for the country under the rule of law to solve the problems and conflicts.