On Perfection Of Land Acquisition Under The Rule Of Law Legal System

As time goes by, Suddenly, the reform and opening up has gone through 32 summer and winter spring and autumn. Since reform and opening up, China's construction of the rule of law has been completely restored and developed. 30 years of rule of law in the magnificent course of development has achieved great successes in contemporary China's political, economic and social development provided a strong legal protection, mature concept of the rule of law and stable social environment. Since reform and opening, China has established a series of restriction and supervision of government action legal system, people's governments at all levels of law enforcement authority has been gradually incorporated into the legal track, the concept of administration by law in government departments and their staff in the basic set. Since reform and opening up, China's rule of law in the economic rule of law have made outstanding achievements in the field, a series of economic legislation to regulate the country's economic management organs and their staff, enforcement actions, played an important role also for the citizens due to illegal law enforcement damage to provide an effective means of relief.However, we also see that in our country's economy also in law enforcement, there are many issues that must be resolved, obey the law, procedures illegal and abuse of power still exists. In particular, in our land acquisition, the legal system, some local governments driven by self-interest runs counter to the objective laws of development of things, excessive speed up the urbanization process, the blind set up high-tech industrial park, Economic and Technological Development Zone, a large number of occupation of rural land. In addition, compensation for land acquisition on the terms of the distribution of compensation is not fair, rational and collective and farmers in arrears compensation phenomenon everywhere. China is an agricultural population accounts for the majority of countries, land is the root of the farmers settle down, if the fundamental interests of the majority of farmers has not been effectively maintained, then the harmony and stability of the whole society will be adversely affected. In addition, with the economic development and urbanization process accelerated, due to social conflicts triggered by the demolition is getting worse, not only to the immediate interests of urban residents has brought great damage, but also affected the urban development and social stability, and is also related to the reform of and development of the overall situation. There are many reasons, but mainly in the field of the current demolition of the main laws and regulations (ie, the State Council on June 13, 2001 promulgated the《Urban Housing Demolition Management Regulations》) there are serious defects in the legislation, resulting in the demolition market disorder. November 13, 2009 took place in Chengdu Jinniu of the relocatees Tang Fu-zhen the self-immolation incident leading to the 5 Jane letter to the NPC Standing Committee of Beijing University scholar ,that on《the Comment on< Urban Housing Demolition Management Regulations> the review's recommendations》and quickly got the State Council, the attention and response. National People's Congress has authorized the State Department issued its 2001《Urban Housing Demolition Management Regulations》to make it with the《Constitution》and《Property Law》. As the new revised standards are not yet introduced, is no longer comment on this article. Just eager to better the demolition and regulations as soon as possible to enter the actual work. Tang Fu-zhen self-immolation is only in recent years, incidents of violence in resisting law enforcement and social impact of the more typical of a larger incident. While the reasons for causing this tragedy are many, but one thing is certain, that is, the incident has exposed our government regulatory agencies in economic problems in the law enforcement process, as well as China's current system of collective land expropriation exist defects caused by social conflict. If these issues are not well resolved, we have established a socialist harmonious society will be adversely affected. So the tragedy is how to lead it? It gives us what the legal enlightenment? How to resolve? This article will conduct studies on these issues rationale level discussions with a view to reaching a sound legal system, land acquisition,a reasonable path.