Land Expropriation Legal Research

According to legal procedure, expropriation of land is a system of land management which attain other 's land own rights and offer the corresponding compensation , on the purpose of social public interest.In modern capitalism society ,the right of land owners is not absolutely complete. As land economist in the U.S pointed : the land right of land owners is not absolute, which has to be defined and restricted by government on the basis of whole social interest . The public rights belonging lo government include controlling land use, expropriation of land for public use and turning privacy-owned into country-owned land. Now ,the whole owned has established the expropriation of land system ,including China. 《Constitution of People's Republic of China 》 and 《 Land Management Law 》 said: Country can levy collections owned land for need of public interest .But because of dual construction of China's country-owned land and collectiveness-owned land ,the land levy system of China has its own characteristics.The on-going expropriation of land system came into use in the period of plan-economy. As the establishment of socialism market economy and the incensement of city's modernization ,more and more collectiveness-owned land are levied. And the disadvantages of expropriation of land system have been exposed which affected the dual land system.The problems have arisen such as if county land right can meet the needs of market economy's development and maintaining the peasants legal interest. The social conflicts arising from expropriation of land have become the negative factor which decreasing peasants' living level, increasing unemployment rate.Land is rare resources. Expropriation of land means re-use on land resources. The more effective utilization and corresponding legal problems on the basis of actual expropriation of land system is helpful for re-construction of expropriation of land system and protection of land rights. Land is basis of living and insurance of development. Once without land, peasants can hardly make a living because they...