Legal Thinking Of Collective Land Expropriation

The phenomenon of city villages was formed form the urbanization of city, as a mixture of the background of Chinese special city and villages features. That has been developed far away form the city planning for the reason of the history, economy, culture, and regime. And it has also affected the city’s healthy developing, so it needs to be reconstructed. but we face many problems because it involves many owner’s profits. The land ownership is the core condition to the reconstruction and also the start and end for it. The resource of land has great influence to the developing of city villages which induce to the result. On the process of reconstruction, we has to face the problem of confiscation, and how to transforming the ownership of land from the Collective property to socialist ownership. In this process, the scientific research and methods is the key point for the reconstruction. so I will begin with system of confiscation and then, I considerate its public welfare purpose compensation collective property to find the resolve methods.this article is divided into four parts:Chapter1represents the meaning of city villages, how this happened,its feature, make research to the regime of city and village(including household register regime the property regime administrative management regime) and from the different angles of game analysis to find that’s a complicated and hard work.Chapter2represents research the regime of confiscation to the collective property.i will make explanation of the law of confiscation, and to find the defects in the system:in the confiscation, it is ambiguous on the public profits the defaults in the collective property induce the land owner loss their own profits.Chapter3introduces the regime of US, JAPAN,HK, TAIWAN, to analysis their legal system and what we can learn from these countries.Chapter3makes a resolution to the confiscation of collective property based on the previous researches and other countries’good experience...