On Perfecting Of The Legal System Of Rural Land Expropriation And Housing Removal In China

With the acceleration of the urbanization and townization,the size of a city grows, and expropriating a great deal ofthe rural collectively-owned land becomes necessary. Theprocess involves the removal of houses and their appurtenanceon the collectively-owned land. The Government's deviantbehaviors and farmers' negative and extreme behaviors towardthe rural expropriation and demolition have reflected theproblems occurred in the practice of the rural expropriationand demolition in China. Concerned law are called for solvingthese problems, however, the flaws existing in the present legalsystem of the rural expropriation and demolition in China makeit unfunctional in the practice. To make the rural expropriationand demolition to go on well and harmoniously, it vital toperfect the legal system of the rural expropriation anddemolition in China.This thesis begins with the theory of the expropriation anddemoliti-on, present situation of the rural expropriation anddemolition, and the pr-esent statutes of the expropriation anddemolition, then points out the fla-ws existing in the presentlegal system of the rural expropriation and de-molition.Finally, referring to the oversea's advanced experience, thethesis brings forward some suggestions to make the legal systemof the rural ex-propriation of land and demolition of houseperfect, such as clearly defini-ng the range of "publicinterests" by legislation; making the statutory prov-isions ofprocedure and compensation and relief of the rual expropriationand demolition pefect from various aspects; regulating the act of the land expropriation and housing removal;drawing up acomplete law of the rur-al expropriation and demolition inChina. In addition, the author suggests that various compensation andsettlement mechanism should be bulit fro-m the perspective ofsocial security, so as to put the legal system of the ru-ralland expropriation and housing removal in China in to effect.