Research On The Land Expropriation Systems

In China, land expropriation system involves distribution of interests in multi-subject, such as government, developers, farmers and so on. Thus, it relates to the stability of the society as well as harmonious development. It is not only a economic problem, but also a critical social and political issue. In the process of collection of agricultural land, the uneven distribution of benefits makes the case of damage to the interests of farmers a common phenomenon. At the same time, the lack of legal protection also leads to the unemployment and loss of land for the farmers. In response to these problems, this article seeks to begin with the common interests of relevant stakeholders and the balance between social and private interests to pursue the goals of a harmonious land value mechanism and promote reform of China's land expropriation system. To achieve the balance between public and private interests and break the current land expropriation contradictions and problems, I refer to the useful part of American and other countries'system to promote the effective use of public power to the government, protection of legitimate private property rights.This paper is divided into four parts:The first part is the analysis of concept of land expropriation and requisition. In the definition of expropriation, amendment to the Constitution of 2004 divided it into collection and acquisition, relatively speaking, the U.S. property law is not specifically on this distinction between two concepts. The comparative analysis of collection comes from the constitutional mandate. In contrast, the U.S. Constitution did not create the power of expropriation, its rules only limit the abuse of public power fundamentally. The nature of the act of our collection is a synthesis of civil and administrative actions. To clarify the concept is related to the in-depth analysis later.The second part is the theoretical basis of land expropriation system. The major source of land expropriation rights, include the public interest theory, theory of relativity and the absolute and compensation theory. Although land expropriation is carried out by state administrative enforcement actions, it is not without limitation. The law for the protection of private rights is a reasonable restriction to land expropriation system. The fourth constitutional amendment on the provisions of expropriation and requisition, is rather the constitutional right to control expropriation and requisition, that "citizens of the lawful private property is inviolable ", than restrictions on private property. It set conditions to the exercise of expropriation, which constitute constraints on expropriation. Rationality of land expropriation also focused on the principles of public interests and reasonable compensation. Land expropriation system relys on private rights theory. Construction of system in China is the integration of a variety of theories, while stressing the priority of public interest, ownership obligations and social cooperation, reasonable compensation will be incorporated.The third part is the discussion of system on the legal remedy level. According to two basic levels of comparison, to identify institutional arrangements in the United States to draw on reasonable factors, from the United States imposed institutional arrangements reflect the public interest to start, first of all by the changes to be introduced conception, from the personal tendency of concerns the absolute property rights to social benefits, but to protect the personal interests of the United States has always been the purpose of property law. Balancing private interests and social interests compose the core of the modern American property law, we can say that the collection system embodied the concept of socialization of ownership. Secondly, from the three necessary conditions required during the collection to start a detailed analysis of the American system designed to answer the question of the balance of the distribution of benefits. Public purpose is the first and most important factor to consider, the 5th Amendment in the U.S. Constitution specifically provides for expropriation provisions to prevent government abuse of the power to levy against the property rights of the people. Due process limit government power and standardize government behavior, forming a security barrier to the abuse of power as well as necessary condition for the exercise of legitimate power. The United States has a more complete reasonable compensation system, with the fair market value when being collected. Such market value "includes not only the deprivation of value, but also the best value of the expropriated property, that is, the property for its development has the potential of the 'development value', reflects the protection of the 'expected benefits'."The fourth part is the reform trend of contemporary Chinese collection system. This section is divided into three points: First, describe the status of our collection, described the interests of farmers in the state and local governments in the process of land requisition and removal; Second, starting from the existing legal provisions, to identify existing law legislation loss and legal logic of conflict, and the resulting consequences to proposed the need to reform the current system; Third, through reflection on our current legal system, to seek the balance of private interests and social interests, that is, tend to focus on the social value of property rights, and give legal design to the procedure settings to address the issue of distribution of benefits, and promote the development of China's land expropriation system.