Collective Land Expropriation Legal System To Explore And Improve

Land it collects to be country for public purpose and make other civil subject land and offer a kind of behavior that compensate by force, in our country , refer to country's transfering the collective land to the state-run land and administrative behavior compensated for the need of the public benefit mainly. Because land of our country collect system evolve from planned economy period , in a situation that a lot of conditions have changed at present, take over the land for use system keep already existing method basically still, land impose compensation standard to be on the low side, thus caused a lot of social contradiction and land dispute. So this text attempt through collect to of our country land legal system go on the system but deep research, in the hope of seeking a piece of land which is suitable for the socialist demand for economic development of our country and collecting the legal system, in order to promote continuation of social economy , healthy, stable development.Land of our country collect legal system once for national economic construction and develop make great contribution, but with the setting-up of market economy, its has not met the demand for development of market economy yet. First of all , mostly collect the private land , clearly established ownership with the capitalist country, the landholder has certain restriction function to compare to the behavior of taking over the land for use, what our country collected is collective land, collective land property right fuzzy, clear subject have , lack ownership subject to restriction function that land impose, so has produced a large number of torts; Secondly , to the definition without strictness of concept of" public interests " taking over the land for use , take over the land for use in the smudgy range, unfavorable to the cultivated land protection; Third, take over the land for use compensation standard calculate science, have nothing to do with the price of land, have not met the needs of socialist market economy yet; Fourth, take over the land for use compensation assign and use unstandard, take over the land for use the compensation fails to up to his due purpose , solicit the people life to go land obtain employment difficult; The fifth, the procedure is still not complete to take over the land for use. The announcement procedure is not complete to take over the land for use , lack and is independent of taking over the land for usethe awards , appeal procedures of both sides. Indicate according to relevant data , 1/3 of the incident is because of land that peasants appeal for help, and 60% among them relates to take over the land for use, has caused the corruption in taking over the land for use. Under this kind of background, the law circle of our country and relevant government departments have collected the law and carried on the extensive discussion to the land, but still can not find a series of methods and solve the problem of taking over the land for use . So, collect the law and study greater theory and practice meaning to the land at presentThis text will carry on the theory to analyse to the question existing in the law of collecting of land, find out the origin that the question produces, put forward the idea of collecting legal institutional improvement of collective land. Explain from several following respects concretly: Combine the method and experience of the relevant countries in the world, the range is discussed to taking over the land for use, define one reasonable " public interests " frame, is it is it take over the land for use " abusing " of the right to restrain from to use; Compensation standard and form are probed into to taking over the land for use, compensation standard while collecting to the present land generally lower current situations , consult foreign expropriation of land compensate method , is it is it compensate the low reason to take over the land for use to analyse, is it is it take over the land for use method of compensation standard rationally to make , reach land mandatory offsetting to unify rationally in collecting to seek; To take over the land for use procedure probe into , is it make normal , reasonable , trade with low costs and transparency high procedure of expropriation of land to make every effort, reach the restraint of behavior of taking over the land for use.