The Rural Collective Land Expropriation Problem And Countermeasure Research

Land is the human survival and development of material basis, especially in China such big country of a population has important and special position. Along with our country city and of industrialized process accelerate, the demand for land is increased gradually, the countryside collective land confiscation has almost become the economic construction of the city’s only source of additional land. According to the Constitution and the law, rural collective land requisition is refers to the country needs in the public interest, through the legal procedure, the original belongs to farmer collective all land is state-owned administrative behavior.Land expropriation means for the transfer of ownership, it is bound to affect the government, collective, individual to wait for various interests.If there is no scientific and reasonable land expropriation procedures for security, it is difficult to balance the interests of all parties, easily lead to peasant discontent, and even endanger the social stability.But in the reality of China’s tax practice, our country collective land expropriation exists for the purpose of collecting legal provisions are too vague, unclear definition of public interest, cause a variety of land under the banner of commercial land. At the same time, the process of land expropriation process defects, lack of due process of law, participation of farmers is not advanced problem.According to China’s specific national conditions, through to the expropriation of rural collective land is produced in the process of the substantive and procedural flaws, a strict definition of public interest connotation and range and the establishment of requisition, solve the process of collection of non public interest expropriation;On the other hand, through the establishment of a set from the review, approval, the last collection complete transparency collection procedure to ensure a fair, maintaining social harmony and stability and the healthy and orderly development.This paper is divided into four parts:The first part is the introduction of this article. In this part, the author briefly introduces the30years of reform and opening up, China’s land expropriation development background, which leads to rural collective land expropriation process produced two major problems, namely the substantive and procedural problems. Secondly, the countries all over the world to levy to the relevant provisions, these foreign legislation research current situation to our country collective land expropriation is worthy of reference and reflection. Once again, China’s rural collective land requisition of the related theoretical analysis such as public interest theory and the theory of due process of law. Finally, is this article research methods, mainly adopts literature method, comparative analysis method and the method of integrating theory with practice.The second part is the expropriation of rural collective land system existence question and the reason analysis. In this part, the authors of our country collective land expropriation problems are summarized:one is the purpose of collecting issues such as the purpose of collecting lag, fuzziness, vague. Two is the collection procedure problems mainly reflected in the lack of procedural openness. Participation and collection of legality review and accreditation procedures.The third part is the rural collective land expropriation problems solutions. In the process of collection there are two problems to make targeted recommendations, through strictly limit the range of public interest and content, to establish public interest expropriation requisition system as the lead procedures; procedural aspects of the operation and perfection, is the establishment of a set from the initial review, approval, hearing last collection complete the openness and transparency of expropriation procedure to guarantee the collection of justice, maintaining social harmony and stability and the healthy and orderly development.The fourth part is a conclusion. In this part, the author through recalling the past, look to the future, affirmed the expropriation of rural collective land for construction of our country economy development has made important contributions, but at the same time, we should also clearly see my country in the land expropriation process resulting in a variety of problems, as long as we believe that the continuous efforts and the system continuously perfect will solve these problems.