The Jurisprudence Research On The Systems Of Expropriation Of Land And Compensation

The present systems of expropriation of lands and compensation for peasants are the outcome of the Age of the Planned Economy, and they are obviously not corresponding with the characteristics of land as a kind of resources and the function burdened by collective lands and the use and development of land. The inefficient systems not only make the legal rights of peasants and their collective is not guaranteed, but also make the related systems of expropriation of land and compensation for peasants become the obstacle to continually develop the economy and society in our country. So it is necessary to analyze rationally the present systems and to construct reasonably new systems based on the old ones, and it is also feasible to do so in the situations of construction and development as a whole. After analyzing the base of the source of law of the systems and the overseas systems, according to the situations in our country, the writer set up two basic value aims for improving the systems of expropriation of land and compensation for peasants. These two basic aims are to maintain the continuity of the expropriation of land and to accelerate the development of city and country as a whole in the process of expropriating land.Then the legal problems that how to improve the systems of main body of ownership of collective land, to set up the reasonable principle of compensation in the expropriation of land, to build scientific and fair systems of distribution of profits, and to build and strengthen the systems of relief in the expropriation of land and compensations for peasants, and so on, are discussed on the base of the two basic aims. I wish these works would be beneficial to the legal construction of expropriation of land and the perfection of practice of expropriation of land.