Analysis Of Law And Economics Of Land Requisition

Land expropriation and requisition are strictly separated according to "Constitution" amendment in 2004, producing the concept of land acquisition. With rapid economic development of China and based on the considerations of national economy, emergencies and national security, land requisition becomes a more and more common phenomenon.Thus, Land acquisition becomes one of the core of Land Management.Although the concept of land requisition has been clearly defined, fairly standard laws and regulations of national land requisition is still up in the air. At present, the relevant regulations of land requisition are implemented by local governments in the process of land requisition according to local circumstances temporary set. In the absence of the strictly binding of national laws and regulations and with "special status"of the local governments in the process of land requisition, the implement of the relevant regulations of land requisition lacks theoretical base and adequately considering equity and efficiency issues. All of this lead to the problem of inconsistent implementation of land requisition regulations and the incompatible of cost-benefit. Farmers'rights and interests can not be protected and it is difficult for government to standardize and restrict land use in the process of land requisition.This will induce a large number of social confliction and reduce the efficiency of the allocation of land resources.Based on the analysis of tendency of human behavior and cost-benefit and the mutual game between people in the process of land requisition by the theory of law and economics analysis,this paper concludes the current problems in the process of land requisition.After studying foreign research experience and building game model,we actively explore the fair model of land requisition adepted to the current socio-economic development needs of china.Through reformation and improvement and innovation of laws and regulations of national land requisition,we make our best to coordinate the cost-benefit relationship of different roles and to insure the legitimate rights and interests of different roles. Through increasing enforcement on the regulation and restraint of land use, we try to protect the limited land resources and improve the efficiency of land use.