A Study Of The Legal Issues On The Rural Land Requisition In China

The land is a kind of resources which is basis of the society's development. And it's also the basic of mankind's living , important for everyone. The land is the basic of mankind social activity carry on important role, is also a national sovereignty to symbolize, From above all, we can understand the land is important of each person's life . Consequently correct of open to give with development the land resources relate to mankind society to multiply greatly and develop from generation to generation. But, because land resources this province has can not rebirth, fixedly can not transfer characteristics, such as sex and social sex...etc., so make use of process in the development of the resources of land in particularly, in the imposition that take over process, public benefits and private benefits, national public power and personal private right etc. antinomy and conflict express of the most vigorous, especially in the market economy fly soon development of today, it are unprecedented to surround land development and various antinomy and conflict caused by exploitation.Along with the growth of world's population, the social economy develops very quickly, and the land resource becomes more and more valuable for the world. The development of social economy wants to satisfy mankind to extend the living need day by day and makes a great deal of agriculture used ground is collected and then caused the social problem of various each kind, for example the agriculture is used ground is a particularly high-quality agriculture farmland is a great deal of decrease, lose the employment of a ground of farmer setting and life guarantee problem etc. Since 80's in last century, opens a pulling of curtain along with the our country reform since, in the land imposition how guarantee is collected the legal property rights and existence and development rights of land farmer, is each problem that the law worker can not get around. Because the law is the benefit sword that supports social equity and justice, support imposition process in the land in of equal and harmonious, need to set up a land according to Chinese state of the nation to collect law system.We made research of law system for foundation, collect the creation and development of law system of the rural land requisition, the foreign and local evolution does a synopsis to generalize. But don't limit at that system, the agriculture farmland appearing from the our country land the imposition the process downs sharply and loses a ground of farmer rights to lack guarantee both side to commence, thorough research, explore our country land collect the law system is perfect with the road of innovation. On the other hand along with the thorough development of our country socialism market economy, a great deal of agriculture is used ground to develop process in the economy in is collected a change to uses ground for non- agriculture, especially have an agriculture to use in disorder in recent years the ground and Huang places the problem of wasting the land to often forbid not only, some places even appeared in addition to basic farmland of all farmlands is needed by the so-called city development but collects, from now on several years have no ground the situation that can advertise for. Farmland of so run off and then lie in the long-term mechanism that lacks to availably protect an agriculture to use ground, therefore the perfect our country land collects law system is an urgent matter of the moment. On the other hand continuously reduce because of the farmland; the farmer loses a land to also equal the root foundation of losing the existence. Lose the living data source of this stability in land, lose a ground of farmer to the great majority to speak and then mean to lose the foundation of the existence and the possibility .Majority of farmers are lower because of cultural character and labor technical ability level, after losing a land then sank into unemployed with the predicament of difficult employment. The perfect rural land requisition's procedure, and the system of compensation are legal rights for each famer..