Study Of The Legal System Of China's Land Expropriation Compensation

The country establishs the system of rural land expropriation for public interests.In our country,the land ownership is composed of state land ownership and collective land ownership,rural land expropriation is a system which the nation takes over the land property by force from the land collectivities.The land compensation which balance the interests among the nation,collective and peasants is the cole of the system of rural land exproriation. Compensation for land expropriation legal system in China has experienced the gradual development which reflects the state continuous thinking and amendmenting the nature of land expropriation and compensation for land expropriation.The problems of peasants who lose their rural land are solved relying on fair and reasonable compensation.The article analysises objectivly the problems of land compensation through theoretical analysis and historical comparison,refers the land compensation of foreign country ,builds the system of land compensation suitable to our country.The article redefinits the nation of land compensation,proposes the principle of"the Same Land, the Same Price",define the standard, scope, modalities, procedures and relief system of land compensation, makes the compensation for expropriation of land is gradually legalized and institutionalized. The part one introduces the concept and nature of land compensation,and traces the theoretical origin of land compensation, and analysises the lawful basis.The part two embraces the comparison among different countries.This part introduces maturity principles, standards, scope, modalities, procedures and relief system of land compensation.The part three reviews the history of land compensation in China.The cole of this part is the evolution of legal system of compensation for land expropriation in China since 1949.In this part,the article summaries the feature of development,and explores the direction of development.The part four discusses the shortcomings of land compensation of our country.The part five proposes many lawmaking suggestions in order to perfect the system of land compensation.In this part I redefinits the nation of land compensation and proposes following suggestions:establish the principle of"the Same Land, the Same Price",reasonablely distrbute the compensation,establish reasonable standard of compensation,expand the scope of land compensation,establish diversety modalities of compensation,perfect procedures and relief system of land compensation and the law of land compensation.