A Study On Legal Problem Of Rural Collective-owned Land Expropriation And Removal

Since the reform and opening in China, because of the rapid development of economy and accelerating urbanization, the need of land to be used in urban construction are constantly expanding. Quantity of construction land in state-owned land is extremely deficient. At the same time, the state administrative system reform lead to the problem of local government insufficient financial being serious more and more. Local fiscal tax revenue is not enough to support local fiscal expenditure. The proceeds of land sold become important sources of financing in many place. Some places have so called"land financial"phenomenon. Under the effect of these factors, local government keen on expropriating rural land to be state-owned land, and meeting the demand of construction. The proceeds of land sold are used to make up the insufficient of local finance. In this process, a mass of housing on the rural collective-owned land are removal due to rural land expropriating. A series of social problems are initiated from this. This paper analyze and summarize existing rural land expropriation and housing removal by teasing out laws and regulations, local codes and regulations, and find out the problem existing in the system of rural land expropriation and housing removal by analyzing local government practices. On the basis of learning other countries'experiences, this paper rebuilt the system of housing expropriation and removal on the rural collective-owned land. In the expropriation process, the way of compensate for expropriating by marketization is brought in. The power of legislative and judiciary are used to impose restrictions on administrative expropriation power. The level of public participated in rural land expropriation and housing removal process is raised. This paper want to perfect our country's legal system through all the above efforts, in order to protect the legitimate right of expropriated.