Legal Research For The Marketization Of Land Requisition

China's farmland requisition system dated back to the planned economy period. With the development of socialist market economy, the system cannot meet the requirement of the current economic mechanism any more. Therefore, it is now facing reform and readjustment.Through the investigation of various reform modes of farmland requisition and utilization, we have found that the success of the modes depends on their adaptability to the market mechanism. Introducing this mechanism, the requisition tends to be reasonable and justifiable. As a result, the reform should be market-oriented.The structural drawbacks, especially the lack of market factors of the present system have resulted from its inadaptability to the economic mechanism. The first argument of this article, therefore, is the possibility to solve these problems in the frame of the present system. To be more exact, it discusses the possibility to break through the existing barriers of property right and establish a farmland market as well as a government ruling by law.The reform requires strengthening the corresponding legal construction. On the basis of clarified "public interest", the abuse of governmental power should be restrained, and the concept of "marketized compensation" should be established. In order to comply with the development of rural constitutionalist democracy, an appropriate procedure and a right-relief system based on peasants' interest need to be set up. Only on the platform of a unified land market in rural and urban areas, the marketization of land requisition can be realized.