Studies On Government Roles In The Expropriation Of The Rural Collective Land

Land is the last safeguard of Chinese farmers' life. The illegal expropriation of rural collective land will deprive it. With the high speed of economic development, the expropriation of rural collective land has been paid much attention in all directions. According to the experience of other countries, it is an unavoidable stage. In today's China, rural collective land expropriation has much specialty. Now most of the academic study on land expropriation system itself or focuses on the interests' protection of farmers, and they seldom research the government, the important subject of expropriation. On the basis of theory analysis of the expropriation of collective land, this paper will study the government roles should be and actually be. Then find the reasons of its dislocation, at last provide some useful advice to correct the government mistakes.This article is divided in five parts. And the first part is about the legal analysis of the expropriation of collective land, including its concept, features, proper legal procedures, compensation of expropriation and the public purpose.The second part, from the view of constitutional theory and the law, analyze the government roles it should be. It should be the maker of laws and regulations, the owners of the land, the decision makers, the executives, the supervisors, the coordinator of different interests, the supplementary of market mechanism, and the defenders of landless peasants' legitimate rights.The third part, according to the practice of land expropriation and law, the text analyzes the government's actually roles in the expropriation. They are administrative leaders, the interest coconspirator and interest rent-setting. And then the author tries to find out the reasons of the government mistakes.Part four, putting forward correction scheme according to the above dislocation reasons, providing three ways such as the government self-thought, the system correction and the remedy of landless farmers' legal rights.Conclusion is the author's concluded view for this paper.