Study On Real Right Protection Of Collectively-owned Land's Expropriation In China

The collectively-owned land's expropriation means the country turns collectively-owned land into state-owned and makes up for the entity or peasants for interests of the public according to legal proceedings. Actually, the expropriation is the deprivation of real right of collectively-owned land. According to existing laws, the collectively-owned land can only be transferred to state-owned for interests of the public by expropriation. When the expropriation is for non-public interests, it breaks the constitution and laws. Such restriction also breaks the dignity of courtroom and unification of laws. On one hand, the right to dispose of land never belongs to peasants. The rights of land peasants possess are imperfect right, and never be respected. On the other, the need of non-public interests' land use has increased continually, but without access, which leads to low efficiency of land utilization. All of these will certainly affect social harmony, limit social development and discourage urbanization process.In the article, the author concludes how to protect the rights of land. First, the system of China's rural land expropriation should be perfected that is to define the intension of interests of the general public strictly, to clear the subject of rural land, to stress the privy to the negotiations, to compensate impartially and to give illegal expropriation a frontal resistance. Second, the system of the collectively-owned land transferration should be established that means to provide new ways to the need of land use, to resist the illegal expropriation and to increase the efficiency of land utilization. Finally, to make sure peasants whose lands are expropriated will not go into poor, and be able to enjoy the increased profit in land's value.