Research Of Land Expropriation Compensation Legal System Of China

In recent years, with economic development and urban expansion, the government frequently expropriates rural collective land, which dramatically increases the number of landless farmers. As to the land compensation legal system and law enforcement are imperfect, farmers whose lands have been expropriated are gradually developing into a new vulnerable group. Constantly exposed land expropriation compensation legal issues increasingly affect the building of a harmonious society and the realization of a comprehensive well-off society. As early as 1999, our State Council began brewing reform land expropriation compensation system, but for sake of reform ideas unable to reach a consensus, so that scheduled reform program which is about to be completed in early 2007 has to be repeatedly postponed, and so far has not been published yet. Apparently, land expropriation compensation issues are still to be the dominant theme of the government that needs a deeper study.This essay takes Youjiang District of Bose City which lies in Guangxi Province as an example to study China's land expropriation compensation legal system. According to looking into land expropriation compensation legal system from central to local government such as Bose City, as well as investigating the behavior and its result of Youjiang District's implementation of land expropriation compensation legal system, the writer finds that China's land expropriation compensation legal system is not in line with legal norms of the Constitution Law and the basic principles of International Law'. To be specific: firstly, as to China does not have detailed operational land expropriation compensation norms, and for some regulations on land expropriation compensation are distributed in normative documents, our country does not have a coherent legal system for land expropriation compensation from the central to the local government. Secondly, although the Constitution made clear that the need of public interests is a legal principle for land expropriation compensation, the law did not spell out the range of"public interest", making the reason for expropriating land was unlimited expansion; Thirdly, the land compensation standards, and the ways of compensation under the remains of planned economy can not guarantee the basic living standard of landless farmers; Finally, procedural fairness is not implemented in the process of land expropriation. Local Government has the absolute power for land requisition, while farmers are lack of participation rights and valid relief.Land expropriation compensation legal norms are imperfect makes Youjiang District government does not fully implement the land compensation laws and regulations. To be specific: local government violates the land expropriation process; giving farmers the minimum standard of compensation, and does not resettle farmers in accordance with the law; does not supervise the illegal land requisition behavior according to law and does not actively protect the rights and interests of farmers.The land expropriation compensation issue in Bose does not caused only by its region reason, but mainly caused by the whole country's imperfect land expropriation compensation legal system. According to the basic theory of expropriation compensation system, Principle of Proportionality, and legal principles of expropriation compensation, this essay gives suggestions from the following aspects: firstly, to institute Land Requisition Law to make compensation of land expropriation systemically and perfectly; secondly, to make public interests a clear and legal scope; thirdly, to establish impartial standards and ways of land expropriation; fourthly, to protect farmers'participation rights through making government affairs public and to establish legitimate procedures; fifthly, to strengthen the accountability of officials during the process of land requisition; finally, to complete the compensation system of land expropriation through making administrative review of land expropriation clear, establishing administrative compensation for land expropriation and enlarging the scope of judicial review of land expropriation.