On The System Of Land Expropriation Compensation And Protection Of The Citizen's Right To Exist -- Z Village For The Study

The process of urbanization is inevitably followed by big changes in land usufructand land ownership. Large-scale of economy and projects' (for basic facilities)developing require original urban land to expand to suburbs or even rural areas. Sothe Land-taking has become a basic approach to achieve our country's goal:modernization, one of which an important mission is to attain urbanization. TheLand-taking has accumulated a large amount of land resource and capital for theeconomy's development. From the view of Constitutional and Administrative law study, the issue aboutthe compensation of land-taking is normally part of the research for the privateproperty right in Constitution and government's compensation law. But afteron-the-spot investigation and restudy our law system, the author reconsidered thatabove research had its limit in China . As our taking compensation is all based on guaranteeing the living expense levelfor the peasants who were taken the land in our country, therefore the author try todemonstrate the relationship between land taking law system and people's subsistentright, to summarize the description and content of people's subsistent right inConstitution within the taking law area by observing and studying the specialbackground of the land taking compensation law and law system itself.The method that this article uses is the case analysis and concept logical analysis.The former is used mostly on gathering information and material and systembackground analysis, the latter is mainly applied on steady system contents andstructure analysis. This article is divided into 6 chapters. Except the introduction and conclusion, the 1other chapters' structure is as followed: Chapter 1: discuss why every country theoretically and practically inquires intoland compensation within private property right. Here we will discuss the same topicbut within the subsistent right view. Chapter 2: According to the on-site survey materials, analyses the relationshipbetween the land taking and the living status of the peasants whose land have beenrequired. And then summarize the rules and regulations related to those peasants'living guarantee. Chapter 3: Take village Z as an example. Analyze the factors that affected theformation and changes of its land taking compensation law system. Chapter 4: Take village Z different applied land taking compensation methodsduring different time period as study target, analyze the concept and different aspectsof the subsistent rights that our Constitution demonstrated. After the analysis of all those chapters, the author believe that our land takingcompensation is based on a goal that guarantee the subsistent right of the land-takenpeasants. This system was formed and has been changing slowly at the local ruralcommunity and basic state power. This system is affected by all those complicatedfactors such as accounts on seeking audiences at higher levels (shangfang) and theprofit of basic state power. In our current land taking compensation system, survivalguarantee pattern has slowly changed into urban social security system. But thesubsistent rights of those peasants is currently still under uncompleted right status: inone hand, in terms of theory, those peasants are coming to require their subsistentright by judicial way,on the other hand, practically, the peasants still require theirrights mostly through the political method not the law suits.