The Study On Legal Issues Of Chinese Country Land Collection

The passage is timely aimed at the legal problem existent in country land collection.On the guidance that the legal system should be on speaking terms with economic foundation,this passage macroscopically discusses the perfection and consummation of our country land system, which is aimed at solve the institutional bottleneck in the practice of country land collection,in the expectation of offering a theoretic foundation for perfecting the system of country land collection and promoting the humorous development of economy and society.The current land collection system was formed in the planned economy period.Since the foundation of the P.R.C.we has been using it. Although we made some adjustments to it,the collection system has never been radically changed,which is in the obvious conflict with the society,economy and life.The main deficiencies of the system are:the action of collection has no detailed laws and regulations for support and the action of relevant parts can not be fully protected;the property right of the country land is not perfect;the purpose of collection is not clear,"the public purpose"is enlarged and commercialized;the standard and pattern of compensation lags behind and is far from the practice;The procedure of land collection is not perfect,and the process is not clear and so on.As a result,it not only brings the contradiction between government and farmers,but also causes the low configuration of land resource and gives birth to the latent market of land,causing decline of farmer's quality of life,bringing a great deal of land dissensions and lawsuits,and having a bad effect on national economy and social stability. It has been proved by practice that the reform of country land collection system are imperative.On the basis of setting up the new country of socialism,and giving attention to collective benefits,this passage gives prominence to the protection of the rights of the countries and farms.It is aimed at perfecting the legal system of country land collection from five aspects:to consummate the legal system of national country land imposition institutions;to make clear compensation principle;to make clear the verge of public benefits and the main body of ownership of country collective land;to explicate the compensation pattern of land collection;to perfect the procedure of land collection and to reinforce the supervision mechanism of land collection.