The Study On The Perfection Of Compensation System Of Public Domain In Highway Construction

Recently, with the rapid development of highway building, and the incease in requisition of land of highway building, the question of compensatory for land expropruation is paying more and more attention to. The land is relied on the peasant,s most basic means of life and lasting development, the land is the most important property of peasant.It must is able to violat the peasants, rights by exploiting peasant,s land. Basted on the constitution theories of protecting property rights, it is necessary to give a just offset to the loss of peasants. If the system of compensatory for requistioned land of highway building is perfect, which will effect the protectint of the peasants, rights losed land and the development of economy. Now the compensation system of highway building land expropriation is imperfect, that has mang problems.Considering the situation, this text first will play a foundmental role in meaning,characteristic and legal principle that compensatory system of land expropriation is applicable to,through analyzing and researching actual status and the question existing in compensatory system of land acquisition, reference of experiences of foreign countries, in hope of seeking a approach to improve the compensatory system of highway building land epropriation from several points of view: compensatory principles, standard, manner, procedure lawful relief, and so on.This article is divided into four parts, the first part, general theories of compensatory system of highway buliding land expropriation, including concept, characteristic, basic theory and the legal principle that compensatory for land expropriation is suitable to apply. Second part, understanding and evaluating international compensatory system of land expropriation from compensatory, principles and so on,it will be helpful to improve our system by learning theirs. The third part, through studing from actual status of compensatory for highway buliding land expropriation, comment the problem and reason of it. The fourth part, the author put forward the constructive oponion that how to improve compensation system of the highway building land expropriation, such as setting up the principle of compensation in the expropriation of highway building land, constructing perfect legislation, setting the judicial relief way.