The Existing Problems And Solutions On Chinese Rural Land Expropriation Institution

The land expropriation is the behavior, according to the public interest, the state compulsorily obtain the land ownership from the civil subject. In recent years , owing to the quickstep on the urbanization construction, there are many disputes and contradictions appearing in the rural land expropriation which is hard to resolve.The concentrated reflection is the indifference on attribute of the ownership of property for the right of rural land contract, and the extensionalization of" public interest" in land expropriation;the local government making use of "the national monopoly on the first class land market",buying in low and selling in high, to contend for benefit with citizens, which brings many collective contradictions;the contradictions between the collective ownership and contractor's contract right,and the confusion of beneficiary and the undemanding juristic orientation on collective member's right on the compensation causing from the contradictions etc.. Based on the analysis of the root causes of the above problems ,this thesis is trying to find the solution under existing fixed rural collective ownership, through demonstration research, and comparison method research. This thesis brings forward the specific solution mainly from the aspects that is the purpose of the expropriation, compensation standard of the expropriation, allocation of the compensation,and from the angle which is about legislative and institutional innovations.It brings about the procedures and methods on definition on "public interest" in the aspect of purpose of the expropriation, raising compensation standards and exploring the innovative ways of compensation in the aspect of compensation standard of the expropriation ,and different solutions varing from short-term to long-term in the aspect of allocation of the compensation, in short-term ,mainly commencing from weaken collective ownership, while in long-term, mainly commencing from reconstruction collective economy organization,and reconstruction collective member's right to resolve the problem of allocation of the compensation. At the same time, under existing fixed rural collective ownership,it brings about the specific ideas of giving collective land and national land equal classes of efficacity of right, allowing collective land to enter the market directly.