A Study Of Requisition On New Railway Construction In China For The Degree Of Master Of Law

To meet the needs of social and economic development, China's railway gets into a new stage of accelerated development , the state has increased its investment in railway infrastructure construction. However, accompanied with the railway construction, a lot of land was occupied. In recent years more and more land (especially collectively owned land) was charged for railway construction. However, because of land expropriation system was built in the planned economy period, with the change of a planned economy to a market economy, according to the current market economic conditions, the land expropriation problems exposed. With the framework of the land requisition , there are many shortcomings that need to be valued and improved in railway construction.At First this article briefly clarify theoretical basis of land acquisition and existing system of land acquisition, then analysis the special nature of land acquisition on railway construction and the legal relations in this process. explore the process of bargain between Ministry of Railways,?local governments, farmers .on this basis this article points out on the shortcomings of the requisition on Railway construction in china.?In order to construct the legal system of the construction on the new railway ,this article suggest to definite the suggestion in three aspect: land compensation,supervision and appeal, examination procedure. The article try to proposed how to make a reasonable and optimized land compensatory, and hand out the compensatory to the people whose land was requested on time,and then strengthen the judicial procedure and remedy in order to analyze the character of land requisition for railway,construction the legal system of land requisition for railway, to balance the benefit of the three Parties.