Legislative Study Of Land Requisition Institution In PRC

With the social and economic development, as well as the advancement of industrialization and urbanization, massive lands must be taken to carry on non- agricultural construction inevitably. The land expropriation system executed present was developed from era of planed economy, the compulsion was highlighted and the protection of land-losing farm's legal rights were neglected, which resulted in the phenomenon of no land, no occupation and no social security for the land-losing farms in some places, and the social stabilization was affected, such as the localities appealing to the higher authorities for help. Therefore, legislation of land expropriation system in china is necessary, which will be very significant for cultivated land resources protection, food security guarantee, land-losing farm's legal rights maintenance, urbanization process advancement, new rural and harmonious society construction.Based on the analysis of the current land expropriation system, main problems were proposed in this thesis, such as the fuzzy definition of public welfare, the lower standard, narrower scope and disorder management of land expropriation compensation, the unreasonable resettlement ways, the imperfect land expropriation procedure, the abuse and illegible operation of the land expropriation rights, the lack of the relief system of land dispute, and etc. Those problems inevitably can induce the infraction of the land-losing farmer's legitimate rights, the waste of the land resources, the prevention of agricultural development, the affection on the market economy healthily development, the seriously endangers to the social stability. Its reasons mainly include the backward thought ideas, the imperfect legislation system, the imperfect land property right system, as well as the lack of the land expropriation supervises system."The land expropriation law of the People's Republic of China" should be drew specially to construct a fairly and just land requisition institution. The market economy guiding ideology should be established and the assignment relations between national, collective and farmer's benefit should be processed correctly during the legislation. Also some basic principles should be obeyed, such as the protection of the land resource, the guarantee of the farmer's benefits and the national construction, as well as the marketable distribution of land resources. Public welfare and non- public welfare should be differentiated firstly for the land expropriation aims, the former should imply the land expropriation institution, the later should imply the land purchase institution. The public welfare aim also can be divided two situations, first is the transition of land ownership, second one is non-transition, the first should imply the land expropriation institution, the second should imply the land levy institution. The perfection of the land expropriation is the most important part of the legislation of land requisition institution, such as the strict definition of public welfare, the higher compensation standard and broader scopes, the just procedure, and etc. The land levy and purchase systems also should be legislated through stipulate their suitable condition, compensates the standard and the just procedure.For the implementation of the law smoothly in the future, some relational laws and documents should be perfected also. For example, the formulation of reasonable compensate standard, the establishment of the supervises system, the strengthen of the aim and approving validity examination, the active surveillance of compensation management and usage, the perfection of the rural land property right system by the defined countryside land property right body, the explicit property rights ownership and the consummation land contracting operating right, the establishment of social security and the dispute ruling relief system, and etc.