Research On The Right Of Eminent Domain Of Land Of Our Government

The right of eminent domain of land is a concrete administrative right of eminent domain, and a kind of social public power, used to monopolize and force strength resources publicly, in order to suppress the realization hindering social public interests because the individual is willful. So a lot of government of country regards it as a government inherent power to accept and exercise. Our country is in the period of making the transition to the industrial society of agricultural society at present. Economic development and urbanization process are being accelerated constantly, building the demand for the land and growing with each passing day in every cause, such as economy, politics, culture and society, etc. State-run land couldn't meet the demands of construction to far from already. So the work government solicits land ownership to take over for use land become the first regular work of land management to exercise. Our government represents the people's fundamental interests as the enforcement of state power person, building the only subject of taking over for use land. Its purpose to take over for use land lies in developing the productivity and working for the interests of people of different levels of the whole country. The progress of national economy and development of every undertaking will offer technology and material conditions for improving the land utilization ratio and production capacity of the land, bringing very great benefit for the development of agriculture. Since whole, long-term and overall situation come watch, land acquisition vs. country, collective correctly, of great advantage for individual. But of our country economic construction have a lot of with economy rational, protect cultivated land, raise land expropriation of land phenomenon that principle run in the opposite direction of utilization ratio at present, have exposed all sorts of defects in the course of soliciting the land ownership to exercise of our government, such as, surmounting public interests border to abuse the land ownership of soliciting, compensating on the low side, taking over the land for using course lack of transparency, phenomenon take place frequently and follow-up investigation mechanism lag behind etc. " with ground appurtenance " to take over the land for use. These force us to have to examine the right of eminent domain of government land closely again. This text uses many kinds of theory, including philosophy, economics, political science, from paying attention to horn analyzed government land basic theories and our government operation current situation and reason to solicit land ownership of right of eminent domain more, and combining domestic and international land acquisition historical experience of development, to how perfect our government land right of eminent domain carry on some discussions, pointing out that should regard public interests as the border strictly and control the range of taking over the land for use; Perfect the land acquisition procedure, improve the transparency ; Perfect government's supervision and restraint mechanism of soliciting land ownership; Set up and amplify the public compensation mechanism that the government takes over the land for use.