Land Expropriation Legal Research

Land expropriation means that the nation, for commonweal purpose and covering compensation, may coercively but legally deprive certain private or collective of their inviolable land proprietorship. Land expropriation is the outcome of proprietorship socialization, and the limitation to land proprietorship. But for some historic reasons and with the effect of tradition, nation interest has been considered excessively while private profit less respected so that Land expropriation has been abused. Hence power of land expropriation itself shall be limited while it imposes limitation to land proprietorship, which will otherwise bring on power abuse. The three major forms to limit the power are commonweal purpose, due process and proper compensation. When land expropriation is undertaken, there are not always obvious commonweal purpose, due process and proper compensation. In China, furthermore, there is an obvious abuse of land expropriation power, which leads collective and peasantry's interests unprotected. From the perspectives of assorting with public interests and private ones, especially, protecting the peasantry's interests, the writer discusses the major legal issues of land expropriation and presents legal improvement.The thesis covers three parts besides the forward and the conclusion.Part one covers the conceptions of land expropriation, the theoretical source of the system, its nature and characteristics, and improvement of the system in amendment to the Constitution of the People's Republic of China are discussed. Part two involves commonweal purpose of Land expropriation, including its conception, different kinds of legislation mode, some foreign legislation in the field, analyzing the weakness in the field of china, presenting legislation suggestions. Part three is on the due process of land expropriation, analyzing the value of due process, illustrating the existing due process in china, citing the cases of Canada, South Korea and Taiwan Province, pointing out the weakness of China in this field and putting up legislation improvement Part four analyzes the proper compensation of Land expropriation, presenting its theoretical basis and compensation principle, explaining the current compensation range, compensation standard and pattern and the...