Research On Chinese Compensating Legal Institution For Land Expropriation And Requisition

This thesis is mainly about the legal procedures for land expropriation and requisition in China. The reform of the procedures for compensating owners of expropriated land has been a sensitive topic as well as a crucial problem which it is imperative to solve in the sophisticated administrative law relation of land in China. The institution of Chinese land expropriation and compensation took its shape in previous decades under the policy of the planned economy which has obvious defects. It is embodied in the following aspects, such as: inadequate restrictions in exercising land expropriation and requisition rights, non-market trends in dealing with and arranging land compensation, the lack or loss of any means of relief for farmers left completely destitute and or so. The main feature is that the law relation of land is controlled by administrative order under the operation of government. During that time, the collective land became the state-owned land, therefore, this is not a fair kind of property deal but basically a case of administrative coercion which continues today. In the procedures of land expropriation, because the farmers lose the opportunities of playing game with government, so it is unfair for farmers resist government. In fact, land expropriation and requisition at a low cost from farmers is a most serious procedure which causes some farmers to lose their jobs and livelihood.This thesis is divided into four parts. Part One introduces the theory of land expropriation and distinguishes conceptions. Part Two presents the development of the institution of land compensation and its current situation, analyzes the problems of China's land compensation and the flaws in our legislation, and tries to point out the root of these problems. Part Three introduces the successful practices of land expropriation and compensation performed in other countries. And then, discusses the renovation and reform of the institution of land compensation, and puts forward new proposals to perfect the land compensation system.In this paper, I attach importance to propose perfect methods. I propose to establish a complete set of successful and reasonable methods for land compensation which can resolve the fundamental problems and instruct people in land expropriation. Undoubtedly, the practical methods mentioned above will make act in accordance with the law, protect the legal rights of land expropriators, promote the rational use of land, and play an important role in resolving the interest conflicts between the state and collective or individuals, in protecting land resource and promoting the rational use of land. These proposals can also assure and accelerate the sustainable development of the social economy.