The Legislative Consummate Research Of Land Acquisition System

In recent years, with the economics fast development in our country and urbanization process speeding up, the demand for land is larger. Existing urban land can not meet the needs of urban development and all types of construction, in order to coordinate the land use conflicts, the state has to change the land from the rural collective economic organizations to the state's land. However, the land plays an important role on peasants'food and clothing in the country, land expropriation does not only mean lossing their land anthority, but also means losing the rights on land produce, such as the right to obtain economic benefits, life-support rights,etc. Land expropriation is a national public authority on the process of re-distribution and the choice between interests of peasants and the public. How to make land acquisition more legitimate and protect the benefits of vulnerable groups of farmers is the purpose of this essay. Land acquisition is a legal action which has both public and private property, this article focuses on the private view in order to achieve the balance of rights protection during the land expropriation application.This article is made up of the introduction, body and conclusion, of which the text is divided into five parts, as follows:The first part is the basic theory for the land expropriation system, defined clearly the object and scope of the topic through elaborating the concept of land acquisition, characteristics; the need for land expropriation is introduced through the elaboration of land expropriation laws and legal basis and regulation is drafted through public and private acts. The point of this part is to propose a clear thesis.The second part is about comparative land expropriation law among worldwide countries. Through comparation among the United states, Britain, France,etc, the common points in these law requisition system are discussed, paving the way to find out the existing problems in China and improve current land expropriation system for reference.The third part is the analysis of civil rights and effects on expropriated land, so as to provide theoretical basis to compensation for civil benefits. The fourth part is about problems of current land acquisition system, including collection premises, procedures, compensation and other aspects of the problems in detail and issues from the perspective of private law.The fifth part is the legislative proposal on land expropriation, with an analysis of system integrity, reasonable collective definition and reasonable compensation, to draft the specific law on expropriation. In this section, the land compensation to civil remedies is introduced.