Thought On Improving China's Legal System For Land Requisition

Land is the most important resource for mankind's survival. As the gradual establishment of China's market-oriented economic system and the fast process of urbanization and industrialization, land expropriation has become increasingly frequent. The legal system of land expropriation is correlative to national development and the interests of peasants. The reform and completion of the existing legal system of land expropriation in China, which originated from plan economical system, has become urgent. According to the foundation of land expropriation system in developed countries, combined the situation of our country and existing legal system resource, the paper, by comparative and empirical methods, discusses the existing legal system of land expropriation in China, and puts forward suggestions for its further development and improvement, so as to provide some beneficial reference to effectively solve the problem of land expropriation in China .Research has been done as follows:The first chapter mainly analyses the basic theory of system of land expropriation. Firstly, by outlining the concept of the foreign land expropriation and the domestic scholars' opinion about the land expropriation, the concept of land expropriation has been defined. The author thinks that land expropriation is the system of compulsory acquisition of ownership and ancillary rights of collective land and reasonable compensation for them based on the public interests aim and according to lawful process. Secondly, the basic theory of land expropriation has been discussed. Thirdly, the lawful characteristics of land expropriation bas been concluded according our country's law .Finally, the paper distinguishes land expropriation from land confiscation.The second chapter mainly focuses on the defects in our country's system of land expropriation. By introducing the historical development of our legal system of land expropriation, the author has found the flaws in the current legal system of land expropriation. The author thinks the flaws in the current legal system of land expropriation are as follows: the purpose defects, the compensation defects, the procedural defects, the inherent defects of object .Meanwhile the author analyzes reasons leading to these defects.The third chapter mainly researches the foreign legal system of land expropriation, and introduces the legal system land expropriation of the United States, Japan, Britain and South Korea. By comparison, the paper derives several revelations about legislation of land expropriation, such as establishment and improvement of our legal system of land expropriation, clear definition of the public interest of land expropriation, reasonable compensation for land expropriation and strict guarantee of land expropriation procedures.In the fourth chapter, the author puts forth several suggestions about improving legal system for land expropriation. The author thinks that public interest purpose must be strictly specified and commercial purposes must be excluded. The peasants' interests must be protected by improving the compensation standards, expanding the scope of compensation and reasonable distribution of land. Besides, supporting systems of our land expropriation must be completed ,which include the systems of reasonable definition of the subjects of land ownership, building the circulation market of collective land ownership and the system of taking back of expropriated land .