The Proposal On The Legislative Construction Of Land Expropriation System In China

Land expropriation is a land system, by which a country transform the private lands or collective lands into country ones in force for public interests and in accordance with the legal procedures and first the principle of compensation. Mandatory,compensatory and public purpose is land expropriation characters.There are defects in the existing legal system of land expropriation in China. For example: the error of guiding ideology, not democracy in the legislation principles,not unity of legislation value between benefit and justice, scatter,generality,legal conflict and gaps,And so on.In my opinion: it is the error of the existing land expropriation system in the field of the legislation that led to defects of the existing the land expropriation law and questions caused by land taking. Therefore,this thesis from the legislation angle deploys research on the basic how to carry on the Legislative Construction of land expropriation System in China as follows through the comparative method of studying,value analytical method,authentic proof analysis,documents summary:Chapter one concentrates on the connotation of land expropriation system and the significance of improvement land expropriation system. Including: the concept,character,differences between expropriation and requisition;It is very significance for improvement land expropriation to maintain social stability,restrict expropriation power,to prevent the occurrence of corruption in the process of collection,to protect citizens' property rights and to define the idea of equal protection human rights .Chapter two is the state of land expropriation legislation in Western developed countries and for our inspiration. The perfect land expropriation systems of the United States,France and Canada's are reviewed and analyzed in the fields of the compensation ,procedures and pubic interests countries. Their experiences provided the beneficial enlightenment for constructing our country land expropriation : Firstly,the private rights protection is the legislation concept;Secondly,openness,fairness,justness and balance of rights is legislation principle. Chapter three is about the exiting legislative state of the Chinese land expropriation system. Accompanying with the analyzing exiting statutes of Chinese land expropriation and comparing with the western developed countries'perfect land expropriation systems,the existing land expropriation system has exposed follow flaws in legislation. Firstly,the legislation of land expropriation system dislocates in guiding ideology, the establishment of compensation and prescribing of expropriation purpose are based on the convenience of exercising administrative power and increasing administration efficiency,not based on the citizen property rights protection. Secondly,the principle of legislation doesn't implement democracy. Thirdly, legislation value does not reflect the unity of legislation value between benefit and justice. Fourthly,there are defects of scatter ,generality,legal conflict,gaps in the field of legislation contents, and so on.Chapter four is about legislative construction of our country's land expropriation system. Based on the above land expropriation system deficiencies,we should construct our country's land expropriation system from following several aspects: Firstly,the model of legislation prefers the central and legislated by legislative body legislation to the existing decentralized legislation. Secondly, set up legislation ideology of people-oriented .Thirdly,set up some legislation principles such as sustainable development,the balance of powers and rights,the principle of proportionality and so on. Fourthly,reorganize the present land expropriation system. First of all,we should define the meaning of the public interests by listing and summary model and distinguish between land expropriation of the public interests and build land of not the public interests. Second ,in the field of the compensation mechanism,definition principle of compensation,duties and rights body of compensation,compensation standard and range,compensation way. Third,in the field of the placement and protection mechanisms,setting up to remain land resettlement,employment placement,the social security system of landless peasants. Also,in the field of the land expropriation procedure,increasing the legitimacy review of land expropriation purpose in the approval process,establishment systems of the notice and hearing before approving the land expropriation, system of the notice and consultation before compensation. Establish compensation procedures beforehand,stretching judicial relief out land expropriation disputes. Finally,we should set up the relative legal responsibility systems.The creative ideas of this thesis lie in pointing out the defects of the Chinese exiting land expropriation system in the field of guiding ideology and principles ,carrying on the preliminary study to the legislative construction of the land expropriation system in China.