Law Issues On The System For Land Expropriation In China

Currently, the public ownership system of land includes two parts, the one is nation-owned ,and the other is collective-owned, and the individual has no right to land ownership. For the land collective-owned, the peasants have only the contract for the managerial right. Once the land has been expropriated and the timely, disinterested, and reasonable compensation and settlement have not been provided, the living conditions of the peasants, especially who are presently excluded from the social security system, will be quite severe. The current law system of the land expropriation was formed in the highly-centralized planned economic system in 1950s, which played a positive role in promoting the government's administrative efficiency and national construction at that time. However, with the development of Chinese economy and society, especially in the process of the Socialist Market Economic System and the rural urbanization, the defects of this system have been increasingly foregrounding such as vague definition of the public interest, misplacement of the governmental function, abuse of eminent domain, insufficient compensation standard, and lack of compensation and remedy, which has resulted in many a serious social problem. Therefore, it is of greatly practical significance to study and perfect the system for land expropriation.On the basis of fundamental concept of land expropriation, this article discussed its legal basis and constitutional elements in detail. Furthermore, the article introduced the achievement of land expropriation system research work in our nation and abroad in recent years, and it also introduced the historical development of land expropriation system. Combining with the reality of current land expropriation system in China, and reflecting the advanced legal theory and experience of developed country, the article analyzed concerning cases of Youxian County in Hunan province, and tried to improve land expropriation system of our country, includes re-building the value system of land expropriation system, build up modern land property system, improving legislation, regulating the action of land expropriation, improving compensation rule of land expropriation, building up commercial land exchange system and realizing land exchange market. The article suggested the "land expropriation special compensational fund" be built to solve the living problem of the peasants who lost their lands.