Study Of The Legal System Of Land Acquisition Compensation

The word "Land is the origin of all things on earth" said by Guanzi, expresses the close relationship between mankind and creatures. The research on land should be based on land law. Land law includes land ownership, the establishment, development and enforcement of land use and management system, among which the ownership of land is the center of land law.The duality land ownership in our country is established gradually along with the socialist transformation, which determines that the land law of our country has distinctive characteristics. After abolishing land private ownership, the government levied and made a requisition of land by using administrative right. That is in fact to levy the right of land ownership. In the procession of levying the land, there were no obvious differences in law between levying and requisition of land except that the State Council made a brief stipulation about it at the beginning of the People's Republic of China. So in real life the collective land ownership disappears, and it belongs to the State through the enforcement of land levying. But because of the Cultural Revolution, land law suffered great damage. There is no clear and specific stimulation on the procedure, requests, purpose of the levying and requisition of land and compensation and relief to the losers of land and so on. The ignoring citizen's right result in many phenomena, such as the government violating the procedure, abusing the right of levying, little compensation and delaying compensation. Once land-levying issues occur, there is no relevant law to use, leaving a lot of issues unsolved and many farmers applying for an audience with the higher authorities to appeal for help. The 2004 constitutional amendment stipulated that the government can levy or make a requisition of citizen's private property and supply compensation for the public interests according to the law, and that the government can levy and make a requisition of land and supply compensation for the public interests. As is known to all, our country is an agricultural country with 9 hundred million formers. Land can provide the formers with enough food and jobs, so farmers see land as their lives. Since 1982, the government has issued 8 No.1 documents about three-agricultural problems to reduce the farmers' burden, increase their income and protect the farmers' lawful right and...