Research On Legislation Of Our Country Land Collection

In recent years,as China's industrialization industria and urbanization process accelerated, the demand of construction land is growing.The existing state-owned land can not meet the development of urban and infrastructure construction,therefore,the Government only by way of collection, convert rural land to various of construction land, in order to meet the needs of the land market. The nature of land acquisition is changing the collective-owned land into state-owned. The large-scale of land acquisition makes peasant life difficult, falling into the three non-state of non-farming land, no working, livelihood without security, becoming special populations who free between urban and rural areas,which becomes a potential factor affecting social stability. At the same time, because China's legal system of land acquisition has many deficiencies in purposes, procedures, compensation mechanism and remedy,the phenomenon of illegal transfer of land is very serious,which caused great economic losses to the country and serious damage to peasant vital interests.how to improve our existing legal system of land acquisition. How to protect the rights of landless farmers and protect our land resources from the system root, which has an important significance to promote social harmony and stability.This article composes of the introduction, body, and conclusion. in which the body is divided into four parts, the main contents are as follows:The first part is an overview of land expropriation. Briefly introduced the concept of land acquisition, characteristics and analysis of land expropriation jurisprudence and economic analysis, through this part of the land expropriation system we can have a general understandingThe second part is the land expropriation system, Comparative Law. Select the United States, Japan, France, Britain and several other land acquisition is relatively mature system, representatives of countries, through a comparative analysis, we can land in these countries and regions, integrity of the system of property rights, clear and clearly defined the purpose of land acquisition, compensation and reasonable procedures are in strict, the right to appeal mechanisms, and perfect the mechanisms of protection can be more effective to prevent the land for the negative impact brought about by the production to China's land expropriation system, useful lessons, to which we draw on the legislative and judicial practice and experience.The third part is the land of our existing collection system is to analyze the shortcomings and why. China's current land acquisition system, primarily in the "public interest are not clearly defined, land expropriation, the principle of compensation is not clear, land acquisition of the main dispersed, low-charge compensation standard, compensation means a single, collection procedures are not standardized, the peasants the right level of participation is not high, the right to lack of appeal mechanisms and other issues, these issues have serious impact on rural development and social stability, and that we should take measures to deal with them.Part IV is to improve the legal system of China's land acquisition, a number of recommendations. This is the focus of this issue is also a difficult location, from the strictly limited the scope of public interest, compensation based on market mechanisms for pricing, fair allocation of land compensation fees, improve the land acquisition process and to improve the system of matching conditions to improve China's rural land expropriation law system.I tried to research methods and perspectives of economic law, analysis of China's land expropriation system problems, learn from the introduction, absorption of other countries and regions of the mature experience, combined with our unique system of land property rights, put forward a sound in line with China's national conditions and the construction of land expropriation system and programs with a view to the farmers from the land property rights and interests of the protection and improvement of China's land expropriation system, have been helpful.