Legal Regime Resarch On Land Expropriation Of China

In recent years, with the fast development of industrializationand urbanization in our country, the land demand for non-agricultural construction becomes bigger and bigger, the massive countryside land is levied. But the present legal regime on land expropriation in our country formed in the planned economy, as the market economy develops unceasingly and consummates gradually, more and more malpractice and inelasticity of the legal regime have revealed, consequently, this leads to lots of social contradictories, which has affected our country's social stability seriously.The problem of Land expropriation has already aroused Central Party Committee's serious concern. Resently, the Central Party Committee carries out the significant strategy that new countryside of socialism is to be built, that the coordinating urban with rural development is to be planned, the problem of farmers' losing land is to be integrated into the unified frame which resolves " the three agricultural issues". In the year of 2006, The first central document pointed out explicitly that "in order to speed up the land expropriation reform , according to the requirement of scope reduction of land expropriation, compensating consummation, more placement ways and the procedure standardization, we should further explores the reform . The reasonable compensation mechanism for the farmers whose land were levyed must be consummated, those fanners' employment training must be strengthed, the employment placement channel must be widened, those farmers' social security must be improved." which indicates exactly the direction of the land expropriation reform. It is imperative to reform the legal regime on land expropriation. This article puts forward some shallow proposals on consummating the legal regime correlated, combining the overseas typical experience and the domestic exploration practice, analyzing the prominent issues existing in the current legal regime on land expropriation in our country, with the methods of comparison and real diagnosis analysis. The full text is dividened into four chapters: The first chapter introduces briefly the concept and characteristics of land expropriation, the law basis of legal compensation principle as well as the evolution of legal regime on land expropriation; the second chapter introduces the legal regimes on land expropriation of the main developed countries in the world such as US, Canada, Japan and South Korea , and summarizes briefly their characteristics and the experiences available; the third chapter specifically analyzes the prominent issues existing in our present legal regime on land expropriation; the last chapter proposes some suggestion on consummating the legal regime on land expropriation in our country.