Legal Analysis To Some Problems In The System Of Land Expropriation In China

Land expropriation is the administrative action that the governments in all of the world obtain other civil man's land in force for pulic interests. In China, it is the administrative action that the government transform collective lands into national ones. Because the system of land expropriation comes into being in the period of planned economy, many problems ate exposed is the process of the land expropriation.Some defects exist in the system of land expropriation in China such as the abuse of pulic interest of land expropriation, relaxed and undemocratic expropriation procedure, narrow limits of compensation, too low standards, indistinct land property rights, etc. Ultimately, based on the problems and causes of the systems of land expropriation in our country, absorded those foreign advanced experience by introducing and appraising the system of foreign land expropriation, we can take measures to consummute our land expropriation. First, land expropriation must be restricted to the sphere of taking public interests as its aim in order to cut down the range of land expropriation; Second, the relationship of land property rights should be clear; Third, land expropriation should be compensated according to market price; Fourth, various ways of compensation should be adopted in order to adapt diverse requirements; Finally, a special and complete land expropriation law should be legislated, fundamentally, the system of land expropriation should be transformed in our country.