A Study Of Land Expropriation Under The Collective Property Right

With the process of urbanization is accelerated, more and more rural land have been converted to the land used for building through expropriation .Because of the defect of the current land expropriation system, farmers' rights and interests are being aggressed upon constantly in the course of land expropriation, then a series of social problems are being produced. The land expropriation problem has already become the focus that the Chinese governments and the people pay close attention to at present. The paper points out that the basic reason which causes these problems is that land expropriation system and agricultural land system which built in the times of planned economy are incompatible with the market economy system, and the defect of rural land property right system is the ultimate cause.The collective ownership of rural land in our country, that is a property right arrangement with Chinese feature. This kind of land ownership during the execution exists a series of the problems, for example, the illegibility of ownership subject, the non- integrity of Collective property right of rural land, etc. Because our country own the power to make a decision for rural land, to collective ownership of rural land, the state's helm form the current and potential menace, that is the base of rural land problem in China. The collective property right of land has existed system effect, that exhibit three aspects: the confines of national and collective ownership is dimness, the attribution of the collective ownership is ambiguous, and the owner's status of collective ownership is illusive. So the basic contradiction is that the collective member is the owner and also isn't owner. That is the primary cause which result in the vague of collective ownership. And it also lead to the farmers' can't maintain their rights and interests during the course of land expropriation.Therefore, that study the land expropriation system under collective property right and discuss the problem of system is necessary. In allusion to those problem, based on the careful literature study and investigation on the spot, this paper start with the collective land property right in our country, combine the material cases such as the city environment item in Mianyang city of Sichuan province, and analyse the main problem in the course of land expropriation deeply. Expound the cause of Local government expropriating land detailedly , look back the course of the transition of land expropriation system, analyse the defect of land expropriation system through economic visual angle. Get through the international comparison of the land property right system and the expiation of land expropriation system, indicate that problems in correlative aspects in our country.At last, this paper proposes such advices on policy: that is enhancing the standard of land expropriation's expiation, the land expropriation's expiation is supposed to complete expiation; eliminate hard the phenomenon of the difference price about the same land; reform rural land's property right from different phases and areas; permit that the rural land can entry market; strengthen the construction of law system about the protection of rural land's property right.