Research On The Land Expiration System

In China, land has multiple functions for peasants: On one hand, it is the means for production; on the other hand, it is the important means livelihood. With the development of city, rural land will be occupied by city, peasants will lose their land because of land expiration. Disadvantages appeared in Land Expiration System made more and more peasants lose in hot water. They are falling low to these persons with no-farming, no-working, no-social security. Peasants loses the land also not to be able to obtain the properly placement, Will be able to endanger to society's stability. Although promulgated "Reality of laws" to make the new stipulation, but to is drafted farmer's protection still to reveal the insufficiency, needs the necessary system further to give to consummate. Because of the present situation and the pressure mentioned above, China Land Expiration System becomes increasingly imperative.This article is for the purpose of through the inspection overseas land expiration system, carries on the analysis to its theory and the practice, summarizes superiorly its long, by the time expounded in our country land expiration system exists the question, the analysis reason by consummates our country land expiration system as soon as possible. The paper divides into three parts. The first part is to the overseas land expiration system inspection, mainly is through to English, French, German, Japanese and the South Korean these land expiration legal rule complete country about the land expiration goal, the procedure, compensates three aspects the introductions, obtains some enlightenment, this is of great help regarding our country land expiration system comparison and the model. The second part is carries on the analysis to our country land expiration system present situation, first has made the comprehensive introduction to our country land expiration system content, then the centralism analyzed and has discussed this system existence malpractice and the reason. The third part is through formulates "Land Expiration Law", is clear about the public interest scope, the strict land expiration procedure, the science formulation land expiration compensation mechanism as well as sets up the judicial aid and so on several aspects to consummate our country's land expiration system.