To Realize Equity And Impartiality In Contradiction And Conflict

Most countries and districts all over the world have established the land-expropriation system, which is mainly based on the public interest and the rule of compensation. Land-expropriation is a kind of executive conduct, because it is compulsory; it is also an economic one, because it involves exchange and compensation.The system of land-expropriation in China formed in the planned-economy period, and it had effectively promoted the development of our social and economic construction. However, with the establishment of the market-economy system, especially since we entered the WTO, more and more of its disadvantages have arisen. We are faced with an urgent task to reform the current land-expropriation system, to rearrange, to the requirement of the market-economy, the interest relationship between the nation, the collectivity, and the individuals, and to really protect the farmers' mass and individual interest.In the first place, the conflict of ideas must be solved. The protection of private property must be reinforced, to realize the equity between the public power and the private right, between the administrative power and property right, and to change the nature of the applying relationship of the farmlands from obligatio to ius in re. The new system must be theoretically based on the constitutional law, the administrative law, and the civil law.Second, the lag of the laws ought to be resolved. Based on the international principles should be devised a new set of land-expropriation rules which are suitable for our market-economy system, such as strictly defining the scope of land-expropriation(the scope of public instrest ), setting up a new standard of compensation according to the "market-price", providing a variety of means of compensation,establishing social insurance system for the farmers who have lost their lands, improving the process of land-expropriation and reinforcing the supervision over it.Finally, the yoke of the old system must be shaken off. It is proposed in this thesis to reform the present system of the collective land ownership, to clarify the main body as well as the content of the collective land ownership, to correctly handle the interest relation between the nation, the collectivity, and the farmers.