Study Of The Legal System Of Land Rotation

Urbanization is the important enterprise promoting China's modernization undertaking, ultimate approach to advancing productivity and transforming the duality economic structure composed of the city and country, and also a process during which the collective land evolves into the state-owned o nes. D uring such a process, various r easons 1 ead t o a variety of problems, some of which are quite prominent: first, expropriation price for the land is relatively low, the peasants' rights therefore are seriously injured; second, the situation that the collective land is not used for agriculture has lost its control, and the abuse of the plow-land has greatly impeded the sustainable development. In view of the above phenomenon, the system of land expropriation has been studied and reformed by the domestic legislation and scholars. Especially the requirement of public purposes in land expropriation indicates that the system of the turnover of Plow-land will be perfect. The issuing subject how to harmonize the plow-land protection, peasants' rights safeguarding and land resource's sustainable utilization, which goes along with the forthcoming cancellation of the land expropriation, remains resolved within the academic circle. The author, in view of the economic law' goal, made an attempting study of the reinstitution of land, relatively dealt with among the current academic circle, and did an comparative review of the foreign (district) instances, and proposed the institution of land with Chinese character' according to the domestic situation. Apart from the foreword and conclusion, the article is composed of four parts.Part â…  The basic theory of the institution of land. The definition,the temperament and the legal c haracter of the institution o f land w ere briefly summed up. The value of the institution of land was subsequently advocated: as the best means to overcome the difficulty of government failure, it is to perform the economic law's function along with the land expropriation system. The theory basis of the system was wholly anatomized through the perspective of the economics, politics and jurisprudence. The author concluded that the establishment of the system is reasonable and necessary, for such a system is the best choice to achieve the minimized cost and maximized efficiency, also the system streams from the antagonized co-existence of the private right and public power, and the co-operation of the private interests and public interests.Part â…¡ The review and analysis of the foreign (district) system of institution of land. The developed capitalist country's system concerning the point, such as France, Germany and Taiwan district of China, were introduced and studied comparatively in order to set as an example for our own system building. This part at the first place made a comprehensive clarification of the system of institution of land in France, Germany and Taiwan district of China, and on the basis of comparative analysis, came to the conclusion that our country should imitate the system of institution of land in Taiwan district of China.The third and the last part are the key. The author suggested his approximate options, based on the two aspects (the obstacles of the building of the system of institution of land, and specific system building with Chinese character), with regard to the perfection and innovation.Part â…¢ The obstacles confronting the system of institution of landbuilding and the way to overcome. Since the study of the system is focused on the countries (region) implementing the privately owned land system, the obstacles therefore present both in the idea and the legal system during the building process. First of all, the constitutional restraint with regard to the monomial of land exchange, another impediment is the current land expropriation system. The authors made some fine innovations, among these are, "the reposition of the state-owned and collective land", "one country, three systems", "perfection of the collective 1 and o wnership", and "proper compensatory standard o f 1 and expropriation".Part â…£ Building the system with Chinese character. Constructive advices were given concerning the issue through the macroscopic and microcosmic perspectives. First is the emphasis on the environmental regard of the system of institution of land, with the idea of sustainable development, the legal system got its support from the economic law; second, the prerequisite of the start-up of the system of institution of land; third, each procedure to implement the system of institution of land, where four parts were given detailed explanation: the executions of the right of institution of land, the self-review of the body of using land, the litigation of institution of land, and the effect of institution of land.