The Study Of Land Collection And Compensation System In China

Since our country reform and open policy, social economy development and urbanized advancement acceleration, the land levies into the additional construction to use and to expand the city scale the main way .Because in the land collection process involves to the place right of use shift question, caused to levy the human property not when reduced, caused to levy the life to produce the life enthusiasm to reduce. In order to avoid this kind of situation the occurrence, country compensation which gives to the oblige. Some units use the administrative organ's in land collection process superiority status, to are levied the human to give the part or the few compensations, gains the benefit. The collection land initiation society contradictory in relief comes out day by day, becomes our country social stability development the serious hidden danger. Obviously the science reasonable land collection compensation system is not merely the national desire, also is levied human's request, is safeguards the human rights, the safeguard real right then with every effort harmonious society's basic request.This text studied our country land collection compensation system by logic reasoning and Comparison test research, discovered in our country land collection compensation system related question, include land recognizing; compensation procedure march; compensation principle; compensation way and monitor program, discovered our country land collection compensation system has some question, such as, the land selectivity is not strong, the compensation procedure is imperfect, the compensation principle is fuzzy, compensation way sole and compensation monitor program flaw. Take our country "Constitution", "Administrative law", "Reality of laws", "Civil law" and so on in the basic legal theory as a foundation, proposed in the land collection should to levy the land to make the comparison sexual selection, the compensation procedure must refinement, the compensation principle have anew to limit, the compensation way must enrich and the compensation monitor program must strengthen the only then conclusion.Through to our country land collection compensation system of research , can the practical protection primary or antecedent rights altruistic legitimate benefit , relations between the adjustment country and citizen's , adjusts between the good national interest and the private interest relations , thus better safeguard human rights , safeguard real right then establishment harmonious stable social environment .