On The Legal Problems Of Agricultural Land Acquisition Compensation

The system of land acquisition is the common and important legal policy adopted to get the property by the mandatory approach to realize the public interest, and it has played an important role in every country's development of economic and progress of society, and it also has been regulated in our Constitution and the management law of the land. Generally speaking, our country's present system of agricultural land acquisition compensation has met the demands of the land in the development of market economic. However, now it also has exposed many disadvantages as the development of the market economic, which has given bad influence to the stability and development of our society. It is very necessary for us to find the roots of the problem with the view of deep backgrounds of our system to perfect the present system of agricultural land acquisition compensation. This essay discusses some important legal problems of our country's system of agricultural land acquisition at the angle of the law, and it also demonstrates its history and disadvantages, and meanwhile it puts forward some proposals to perfect the system of agricultural land acquisition .Firstly, this essay analyzes the essence, characters, and the relative definitions of agricultural land acquisition, and then it discusses the basic theory of agricultural land acquisition compensation. Because of the aim of public interest is the premise of the agricultural acquisition compensation, this essay rationally discusses the disadvantages of our present regulations of the public interest aims of land acquisition and the present automatic actions that don't aim to realize the public interest, and then it points out the necessity of completing the regulations and the measures we should take. The procedures of land acquisition is the element form of acquisition, and there are many problems in our agricultural land acquisition procedures, for example, the regulations are unclear, the operability is not strong, the protection of the people whose property is taken out without compensation is weak , and so on . Angling at these problems, the author systematically demonstrates how to complete the litigation of land acquisition procedures. For the problems of the land acquisition are the real elements of land acquisition, this essay analyzes the disadvantages of our present agricultural land acquisition compensation, and then puts forwards own ideas to make the compensation more reasonable, and it also hopes that these ideas can be the basic theory of completing the system of agricultural land acquisition compensation. At the same time, this essay systematically analyzes the abuse of the right of land acquisition, and it gives some advice to abolish these problems. Finally, this essay also actively discusses how to perfect the system of administrative litigation sued for the agricultural acquisition.