Study On Chinese Legal System Of Land Resumption

In China today,we are undertaking a reformation of the legal system and selection of economic policy,and during this course,how to improve the peasants' life standard and settlethe probIern of poverty in rural area,especially for those peasants who lose their land for land resumption by local government without appropriate compensation,is the most urgent task for the government.Under the revision for the twentieth article of the constitution of the people's republic of China adopted at the tenth session of people's congress,the state may expropriate the land, oncondition of compensation for the land owner,for the purpose of the interest of the publicaccording to law,which stipulated a basic principle for the resumption of the rural land.During the course of industrialization and urbanization,plenty of rural land are being taken by local government for the use of city construction,and also in the resumption of ruralland the peasants' rights and interests are seriously infringed by the abuse of the power ofresumption by local government.From the point of history,our current legal system onresumption of rural land was framed in the old times of planned economy,has fallen behind ofthe new times of market economy,which has become more and more unreasonable and can'tdeal with the new items and problems arising out of the new situation,and all these problemsand other extreme methods taken by peasants to protect their land rights,has endangered thesocial stability.All in all,the item of resumption of rural land has attracted more and moreattention.from the government,the legislature,the judicial organ,the law researchers and all the public,and this article is intended to reform and rebuild an applicable resumption and compensation system for rural land in order to provide effective administrative and judicialrelief for those peasants whose land were expropriated by government,through the analysis ofthe phenomenon about the land resumption,studying Chinese land resumption institution and other country's by comparison.