Study On The Civil Issues Of Land Imposition

In recent years, China's Land Imposition System has emerged as a field prone to disputes. Along with the economics fast development in our country and urbanization process's speeding up, all localities invites investments in larger scale and various kinds of development zones and characteristic garden area are built, which lead to the result that demand for land increases greatly and that massive collective lands in countryside are levied. As a kind of important resource and property, land is a vast storehouse of economic value and social efficacy. Malignant incidents which frequently occurred in some land by land imposition push this problem to the highlights.Anciently the issues of Land Imposition all are settled by public law, yet the present land imposition legislation itself has some intrinsic conflicts and loopholes and there are problems in the ideas, the system and the operation, which create the serious problems in land imposition and serious social consequences. The Land Imposition Issues firstly are prescribed by civil law from the issuing of Property Law of China', it demonstrates that the demand of protection of private right in market economic, the Land Imposition has not been only a public law's problem. The Land Imposition is dynamic process, from its character, purpose, civil rights being protected in Land Imposition to compensation and relief , all the issues are concerning civil rights of citizen. The author takes the civil law's opinion, demonstrates the private rights, redefines the civil law's character of Land Imposition; changes legislation concept to define the concept of public interest and principle of using in Property Law of China; refines the civil rights of levied land and enlarge the gamut of right protection; sets up the system of land imposition's compensation, take the fair market price as the norm, refines the compensation items, pay attention to recessive loss, pay the money to individual; takes the civil relief methods to prevent the danger of public power. The paper analysis and designs the issues all above to protect the individual's land rights and interests and to promote the sustainable development of our country's economy.