Legal Consideration On System Reconstruction Of Rural Land Requisition In China

Land requisition is an act that a country compulsively obtains the land ownership of other civil subjects in order to meet public need. With the development of rural economy, the frauds of present rural land system based on collective ownership and peasant family management system become increasingly obvious. Specifically speaking, the problems appear in the following aspects: the subject of ownership is empty and the range of right is indistinct, which lead the conflict between different interest subjects;with much credit flavor, the character of rural land right to contracted management is dim, which likely lead the intervention and infringement of peasants' land right by contract-issuing party;the peasants who lost their land can not get sufficient social guarantee simultaneously. And concerning the system of land requisition itself, the problems present as followings: the concept of public interest is extensively interpreted;the compensating standard is lower and is not introduced into market system, so the true value of land can not be reflected;the peasants hardly have chances to participate in the course of land requisition, so the interest of peasants lack enough guarantee.In the article, the author concludes that when we reconstruct the system of rural land requisition in China, we should base it on China's actual situation and the available experiences abroad should be introduced into China. Firstly, the system environment of China's rural land requisition should be perfected that means to reform rural land system of property right, insist and perfect collective ownership and establish stable rural collective property right and then on the basis of collective ownership of land to make land right of use real right. Secondly, we should reform China's legal frame of rural land requisition, strictly limit the range of public interest, establish reasonable compensating principles by introducing market system, properly enlarge the compensating range in land requisition, build fair distribution system of compensating cost, perfect rural land requisition procedure and compensating relief system. At last, we should exert ourselves to construct social guarantee system for the peasants who lost their land so as to protect right of peasant in real earnest.