On Land Acquisition In The Protection Of Individual Rights

Since the 1980s, China's reform and open policy has entered a new development stage. Along with the economic's fast development in our country and urbanization process's speeding up, all localities invites investments in larger scale and various kinds of development zones and characteristic garden area are built, which lead to the result that demand for land increases greatly and that massive collective lands in countryside are levied. As a kind of important resource and property, land is a vast storehouse of economic value and social efficacy. Therefore, the real right to land is an important kind of real rights, which mainly includies the landed property and the right to use the land.The land levying is a kind of country behavior for the public interests, through which the government forcefully obtains other people's land ownership and their real right after some compensation under the help of administrative power. The present land levying legislation itself has some intrinsic conflicts and loopholes and there are problems in the ideas, the system and the operation, which create the serious problems in land levying and serious social consequences. At present, the drawbacks in the land levying of our country are as follows: the levying scope is too wide, having surmounted the public interests standard; the standard of compensating to be low, is insufficient to maintain the fanner original living standard; the compensation standard is too low, not enough to maitain the peasants' pervious living standard; the compensation assighment is not reasonable and the compensation management is chaotic; the way of placing the peaseants is unitary, and there is an absence of social security system for the peasants involed in the levying, too. These factors cause the results that some peaseants to be confronted with the situation of "no lands, no jobs and no minimum living standard guarantee" and that massive peasants without land appear. According to the estimation of the department concerned, there are 40 million peasants without land at present and there will be more that 78 million in 2030, and 160 million mu of land will disappear between 1999 and 2010. The problem of no...