Study Of Land Acquisition Compensation System

In the private property rights safeguard system, the land expropriates compensates the system to hold the important status. But at present in our country, "Constitution" actually only had stipulated as the fundamental law expropriates to the land must make compensates, lacks and expropriation compensates the principle the explicit stipulation, "Land management Law" and the correlation law laws and regulations to the standing operating procedure which compensates are unscientific, compensate the way to be unitary, lack compensate the relief procedure the stipulation, from this causes in the practice to draft the farmer not to be able to obtain prompt full compensating, also initiates the massive lands to expropriate compensates the dispute, seriously harmed has been drafted farmer's benefit, also expropriated with the land compensates the system the original intention to disobey. This article attempts above the basic question foundation which the discussion land levies compensates, then the inspection territory external this aspect procedure and the experience, and land expropriates compensates under the particular premise in the thorough analysis our country present , proposed consummates our country land to expropriate compensates the system the suggestion.This article is divided four parts to land expropriates compensates the question to conduct the research.The first part, the land expropriates the foundation question which compensates. First, the correct limits land expropriates, is advantageous with unceasingly consummates to each system constructing, also is advantageous to our country the land which implements is expropriating the system reform a better implementation. Next, the nature of the land expropriates compensation to be supposed to be one kind special civil compensates, it has the characteristic which the general civil compensation has; Although it has many is different with the civil compensation characteristic, but this certainly cannot deny its civil nature. Finally, the land expropriates with compensates inseparable, compensates the nature is the inherent attribute which the land expropriates. But this kind of inherent attribute has the certain rationale to take the strut, thereupon on carries on the discussion to...