Constitutional Thought On Improving The Land System

As the most important natural resource of a country,land is not only the basic means of production and material carriers for human survival and development, but also the important part of the country real estate. As an important component of the constitutional economic system, land system has always been an important element of the constitutional adjustment. This paper begins with the origins of the constitution"Magna Carta", exploring the historical changes of the land system along the trajectory of the constitution-making, Inspecting the constitutional provisions on land as well as the historical background ,social system and legal system behind in United Kingdom,the United States,France and Germany in horizon, then studying the constitutional land system in modern China vertically,especially the constitutional changes of land system since 1949. This paper aim to provide reference value for the constitution in future.This paper with about thirty thousand words is divided into four parts, except instruction and conclusion.The first part mainly introduces the land system of related concepts, content, and the land system into constitutional history. There are many implications of the land, the system can be divided into the formal system and informal system, the formal system of this paper is discussed within the framework of the relationship between the Constitution and the land through the land system expounded the importance of the constitutional fundamental to analyze the constitution and the intrinsic relationship between the land system, and then from the Constitution and the historical background to start to study the text of the Constitution of the worldwide standard trajectory of the land system.The second part is to conduct comparative studies on the common law and civil law of the land system in behalf of the State Constitution. Respectively introduced the United Kingdom, the United States, France, Germany, text of the Constitution of the land system in canonical form, analysis of the constitutional text provides social and historical background and institutional reasons, and for the summary, put forward in which it is worth learning for our approach.The third part is an examination of modern China since the Constitution of the evolution of the land system, analyzes the development of the land system in the background and situation, and to study their impact of China's current land system. First introduced the revolutionary bases during the Republican period and the provisions of a constitutional document, followed by China is reviewed in 1954, 1975, 1978, 1982, four times the background and the constitution of the Constitution, the provisions of the land system, through the study of Modern China changes in the constitutional history of the land system, summed up the characteristics of the content of these texts.The fourth part is the reflection on the constitution of China's current land system. First introduced in 1988, 1993, 1999, 2004, four amendments to the Constitution in the land system of the changing social context and content features, followed by the existing constitutional norms in terms of land analysis, respectively, of the rural land ownership system, land expropriation and requisition system and land use rights transfer system, to reflect on the problems, and clearly defined direction for the future development of our Constitution. Land ownership system, the constitutional right of rural collective land, subject, object is not clear, the peasants of the land rights have been violated, they are unable to find an effective legal remedy. Land expropriation and requisition system, the connotation of public interest is not clear, the Constitution does not explicitly provides for the imposition of land has to go through due process of law, the principle of compensation for land acquisition has not made the specifications, these are the constitutional provisions of the land problem. Of land use rights transfer system is in line with the socio-economic development trends, the system should be recognized in the Constitution.In this paper, conceptual analysis, comparative studies and historical analysis of research methods are adopted. It focues on the historical background of the investigation and concluded that with the land in terms of the constitutional text to explore the development history of the law of the land system.