The Status Quo Of China's Land Expropriation System And Perfect

From jurisprudential analysis of land expropriation,this paper discussed other countries' systems and developing trend of Land expropriation;found out the differences in legislation and practice between in China and in other countries of land expropriation by comparative method;dissected the problems of defining public advantages,being short of procedures and unreasonable compensation.. At the same time this paper drew lessons from legal system in America, in Germany,In Japan and Taiwan province,Hong Kong SAR and scholar's researches and presented theory structure of consummating land expropriation system in china.Expropriating land must be suitable for the following three elements:the demand of public interest,due process and being legitimate.The writer proposes defining the purpose of public benefit of land expropriation and solution of opening first-degree market of collectively-owned land,safeguarding peasants expropriated land to have more right to participate,to learn the truth and to refuse to be expropriated by building up procedures of determination, pre-compensation,hearing,eviction and umpiring disputes and guaranteeing to improve living index of peasants expropriated land through the principle of just compensation.