The Research On Perfecting The System Of Expropriation And Compensation In China

The issue that land expropriation and compensation stands out above all the restin recent years. The land system of expropriation and compensating had formed inthe time of planned economy,and it cannot accommodate itself to the economic andsocial development. Thus it has formed the roots of the trouble, in the landexpropriation. It also has a serious effect on acquirement of public building land,andit is not conducive to the peaceful society and then becomes the main bottom of landdisputes.Therefore, it is necessary for us to do some research on the land system ofexpropriation and compensation. We should analyze and put suggestion on the actualstate of the land expropriation and compensation in the science and realistic attitudeof Marxism.The article may be gathered up from structure and content: To know the systemfrom actual conditions;to understand the system from the development of history;tolook up the problems through the transverse contrast;to perfect the system withlinking the facts. Otherwise, I have put up some contrast and thinking in a large areafrom all the sides of question. I especially have tried to solve the problems from thelaw view, combining the backward system and the advancing times, and tried to findthe necessity of reformation on land expropriation system from the problems thathave been found in the recent works. And we have to find their importance fromensuring economic development and social tranquilization, and to find its feasibilityfrom the theoretical support and practical innovation.Because of the different of the lawmaking ideas and the lake of the law, the landsystem of expropriation and compensation is only one part of the land criterions ofgovernmental administration, and the correlative systems of civil law is nothealthiness. Then, the article takes it as the points to cut-in the land system ofexpropriation and compensation for some research.I have adventured some concrete opinion on the system constructions thatcomprises to change the governmental opinions, the definition of "the publicinterests", to improve on the standard and of land expropriation and compensationand the process of expropriation. I have done some concrete analysis. Afterwards, Itake some concrete suggestions on perfecting the system of administrativearbitrament. And the process of judicatory redresses, I have researched some othercountries' systems, and united my relative experience and realization to take it as animportant part of perfecting suggestions.Through this article, I hope that I could approach with rationalizationsuggestions on the land system of expropriation and compensation, and improvepeople's realizations on the imminence of the land system reformation. All of above,need ourselves strengthen the theoretical research do some practice, and to perfectconstantly and sum up the experience.