Study On The System Of Chinese Land Expropriation

In recent years, with the acceleration of industrialization and urbanization, more and more land is collectively owned for non-agricultural construction, land impositon phenomenon occurred frequently. China's land expropriation system originated in the planned economy era, with changing times, the relevant state departments continuously improved and perfected the land imposition system. But so far, the purpose, principles, procedures, compensation of land impositon and resettlement of farmers still lack the complete requirements. Defects existing in the land expropriation system and disadvantages of the practice of land impositon exposed in the growing number of land impositon. The imperfections of the land impositon system,caused various social problems,farmers protest and Petition phenomenon often occured. From the perspective of civil law, the paper Summarizes the problems exsiting in the process of he land impositon, finds out the root cause of the problems and on this basis, puts forward some measures and legislative proposals to Improve the process of land impositon. Besides the introduction, the paper is divided into three chapters.Chapter one is an overview of China's land imposition system. It focuses on the generated social background of land impositon, the relevant concepts of land imposition, characteristics, theoretical basis, and the development process of land impositon systemChapter two is the system of Land Legislation and Practice. This chapter describes the current status of land imposition and practice of state legislative building. Because the lack of scientific and rational land imposition system, many serious problems of social problems cccurred in the course of land imposition system, such as undefining the public interest, administrative levy power abuse, lower land imposition compensation standards, allocation unreasonable, severe damage to the interests of farmers and treatment systems faulty.farmers can not place. By analyzing these problems, the causes include the existence of rural collective ownership system defects, property rights unclear, subject vacancy, empowerment incomplete, the existing land policy unreflecting market forces, no sound procedures for the protection of land expropriation.Chapter three is the improvement of land imposition system. At present, China is no uniform procedures for land imposition law, the provisions of land imposition procedures scattered in various laws and regulations. Complete land imposition process of land expropriation system in China has a very important significance, it is An important guarantee for the work of land acquisition implementing smoothly. The improvement of the land imposition process is inseparable from the conditions imposed on the land - the definition of public welfare purposes, we also need to establish the basic principles of compensation for land imposition and improve the social security and relief system related to the farmers.By analyzingthe problems and causes in the land impositon system, the author proposes to improve our process of land imposition.we should legislate to define "public interest" concept, establish the principle, compensation range and compensation standards of land expropriation , improve the livelihood-related social security and so on.