On The Protection Of Private Rights In Land Expropriation

As China's economic rapid development, industrialization and urbanization process also continues to accelerate, leading to demand for land for construction are increasing, so more and more agricultural land expropriation, converted into construction land. Compensation for land expropriation is the state after carrying out the compulsory acquisition of collective land ownership. China's land expropriation system was produced in the early days and continued to be used for a long time. Although the land requisition system have been revised, but did not touch the fundamental system of land expropriation. It is undeniable that China's land expropriation system has made great contribution in promoting social and economic development, protecting the land rights of farmers and the protection of land resources. However, as times change, its own shortcomings are increasingly exposed, such as the vague definition of public interest, land acquisition process is imperfect, the low compensation standards, compensation benchmarking unscientific and so on. Levied in the real process, due to a lack of respect for private rights, forced demolitions of events have occurred; the current land expropriation system has been unable to protect the land rights of farmers to protect land resources. Because of the vague definition of public interest, land abuse is very serious sign. And it also brings great harm to farmers, resulting in losing farmers no guarantee of social stability. In order to ensure rapid economic development and promote economic development, we must improve the present land acquisition immediately. At the same time, whether reasonable compensation for landless peasants and proper placement a direct impact on China's social economic development and social stability. Therefore, it is very urgent to reconstruct the legal system of land acquisition and ensure land rights of farmers. Based on the Land Requisition System in the problems of a comprehensive and in-depth discussion, and Definition the public interest perspective, I try my best to explore a fair land compensation standard, land acquisition and compensation and reasonable. I expect to reconstruct a reasonable land expropriation system and provide some suggestions to land expropriation system reform.This article is divided into four parts:the first is the Land Expropriation of the basic theory. First, I analyze the concept and characteristics of land acquisition; next, I express the law of the land acquisition of property that land acquisition has private property; then, I studied the theoretical development of the land expropriation system; Finally, I combed the history of evolution of land expropriation in our country.The second part is our current system of land acquisition problems and the reasons for the in-depth analysis. In this part, I pointed out that China's current land acquisition system, there are: Government Power and ignore the private rights, serious violations of land property rights; land rights, procedures, defective design; serious waste of land resources; compensation standards set unscientific; corruption caused by the land expropriation and serious behavioral problems and in-depth study, identify the reason.The third part is its definition of public interest. In this part, the article first described the concept of public interest and characteristics, and then discussed the definition of public interest criteria. For the legislative situation, I put forward my own ideas on the definition of public interest standards and procedures.The fourth part, I put forward my own ideas on the land expropriation system in the reconstruction of property rights protection. In order to improve the land expropriation system of our country, there are five aspects must to be done, including: the definition of public interest, the integrity of land expropriation proceedings, improve the land acquisition compensation system, implementation of the principle of property rights protection, consolidation of the Constitution protection of private property rights and so on.