Research On The Legislation Of Land Expropriation System

Nowadays, the problem of land expropriation has become a national focus of the society, and many scholars launched the study from different angles. This paper also tried to research the legal system of land expropriation systematically and deeply to clarify the defects of the current legal norms in land expropriation and to protect the rights of landless farmers, and seek a legal system of land expropriation suitable for China’s socialism economic development demands. Ultimately, we could achieve the goals that developing and promoting the sustained, quick and healthy growth of China’s economy.This Paper is divided into four parts:The first major is the outline of the land expropriation system. This part has analyzed the concept of administrative imposition and explained its characteristics, and then compared the connotation of land expropriation and land requisition. Consequently, through a logic review of various theories, the study reveals the connotative definition and the legal characteristics of land expropriation.The second part focuses on the history and actualities of rural land expropriation in China. Through comparative research of status quo, it points out the realistic problems of the land expropriation in China today which is characterized by the conflicts in legal system and land expropriation being not for the purpose of public interests and low standard of compensation for expropriation.The third part mainly introduces the legislation of land expropriation system in other countries and regions, including the purpose of public interests and the procedure and compensation of land expropriation. Compared with the land expropriation system in our country, it is obvious that there are a lot of differences between them. Finally, the author will put forward the suggestion to improve the legislation of land expropriation system by learning from the experience and advantage in other countries.The fourth part investigates on reforming and rebuilding of land expropriation system. In the opinion of the author, the construction of legal system for the resumption of rural land should include the following aspects:resumption for the public interests, perfecting the procedure of resumption and proper compensation of resumption. Firstly the law should lines out the items of "public interests", and secondly the law should stipulate hearing procedure and deal with the resumption on a marketable basis, thirdly perfect the compensation system and distribute the benefits among the local government, rural collective and peasants. It is the proposal about perfecting the legislation of land expropriation system in China.