Research On Land Collection Legal System

With the propulsion of urbanization in our country,the cities become larger and larger,so the necessity of land also increases urgently.State-owned land in city available can not satisfy large-scale exploitation and construction of urban infrastructure enough.According to the present law,the local government can only collect the land needed to turn it into city use from rural area to satisfy the city construction project.Land collection transform the ownership from collective-owned into state-owned.During this process,peasants lose the land on which they rely for they living,and lose a series of rights and interests connected to the land, become a special group of people dissociating within the city and county,which may affect the harmony and stability of our society.At the same time,for the defective legal system of land law,illegal land circulation is very serious,which made great loss to our country.So, how to perfect the Present legal system of our country's land law to protect peasants' rights and country's interests is of special importance to accelerate the harmony and stability of our society.The essay is composed of three main parts:foreword,text and concluding remarks, among which text is allotted into four parts,as follows:Part one.The summary of land collection system.Firstly,this part introduces the concept and character of land collection,and also some main relations accomplishing it;secondly, selects three classic time section from the establishment of our country to retrospect the history of land collection;last,analyses the legitimacy basis of this system.Part two.Comparative study of experience model of overseas and our county Taiwan area land legal system.This part compares our land law system to that of American,France, Japan and Taiwan China in purpose,compensation standard and process.We find that,in these places,their estate is entire,the purpose of common benefit makes clear,condemnation awards' standard is reasonable,which can effectively prevent from disputes,and these advanced experiences could work for our legislation and judiciary.Part three.Analysis of the defect of land law system in our country.This is the main body of this paper.In our collecting legal system on land,the boundary of common benefit is unclear,condemnation standard is low,procedural protection is not perfect,illegal land collection is very serious,these problems have now affected the management of land resource and development of rural economy,we should take effective measures to deal with them.Part four.Suggestions on reforming our present system.Through the research above,it is fundamentally clear what the defects of land collection system in China are.Therefore,on a basis of comparison and reference,it is the main purpose of the paper to give pointed solutions of current problems through improving the following aspects.Firstly,system conditions of land collection system should be reformed;secondly,legal framework of requisition system of rural land in China may be matured in the following four aspects:strict definition of public interests,marketlization of compensation mechanism,fair allocation of land compensation and perfection of legal procedures of rural land collection;thirdly,social security system of land-collected peasants should be established;finally,circulation of right to use collectively-owned construction land in market should be actively cultivated.