The Research On The Farmer's Right In The Process Of Land Commandeering

The fourth amendment to the constitution passed by the second meeting of the tenth National People's Congress makes great amendment to the content of the state levying and commandeering land for public good. The amendment can reinforce the protection over citizens' lawful private property right, extend the protecting scope over lawful private property right and at the same time balances the relationship between the citizens' lawful private property right and public interest. It not only determines that the state has the right to levy and commandeer citizens' private property and peasants' land for public good, but it also determines the principle that the state must compensate the people concerned for what have been levied and commandeered according to the law when the state carries out levying and commandeering. The formal establishment of the principle in the constitution demonstrates that our country respects human right, which is of great value to standardize the exercising of the state's right, promote the government to administrate according to the law and develop a government which rules by law. However, since the ordinary laws and regulations about levying and commandeering for public good are distributed among separate laws or regulations, it is difficult to carry out levying and commandeering for public good and this also gives the local government too much space to rule and decide. The phenomenon of the local government...