The Consummate Research Of China's Land Acquisition System

The land collection is refers to the country based on the public interest need, but compulsory transfers collective all lands according to the legal proceedings the state-owned one system. In recent years, Along with industrialization, urbanization and rapid development, land acquisition problems in the process highlight the growing. How to consummate our country present stage collective land collection system, safeguards farmer's legitimate rights and interests legally, promotes the city and countryside coordinated development, realizes the sustainable development, is stern question which our reality faces and urgent needs to solve.In our country, the land implements the strict socialist system of ownership, namely system of ownership by the whole people and working masses collective ownership. In the law, the land system of ownership by the whole people manifests for the country land ownership, the farmer collective ownership manifests for the collective land ownership. In order to guarantee the national public utility and the public utility constructs need, country through land collection system compulsory collective land ownership shift for country all, namely all the people all, or through land expropriation system compulsory, temporary use collective land.The new revision "Constitution" to levied and takes over for use does has been clear about the discrimination; The reality of laws also to did in 42nd to the land collection had stipulated:"for public interest's need, may levy collective all lands and the unit, individual house and other real estate according to legal rule's jurisdiction and the procedure."The land acquisition must based on the public interest's need, but the public interest should include the State agency land and the military land; The city infrastructure land and the public welfare enterprise study the unit land; National key infrastructure land and public welfare and welfare services land and so on. And to provide public interest in the law of the certification process. Deals with the farmer before the land collection to carry on informs, the farmer may request to carry on the hearing. Simultaneously must consummate the court examination mechanism and the judicial relief system.Since land Acquisition's compensatory regime many years have been the focal points which the scholar argued. Regarding the compensatory regime, should in the constitution stipulate that the compensation placement principle, this is also in the constitution equal rule, the private property protection principle request. Simultaneously must enhance the land collection compensation standard, must change reforms and develops needs to pay the cost, contrasts lets the farmer pay a price, the cost is lowest, like the idea that may lighten the national burden. Must change the idea that national interest to repel the personal interest. At the legislative level to be on the Real Right Law of the "social security costs" for detailed. Not only need stipulate in detail the social security expense the content, but simultaneously must carries on the payment pattern and the control system the refinement. This article also analyze about Standard of Collective Economic Organizations Membership Identified.