Study On Land Expropriation System In China

In a society of value diversification, it becomes almost impossible to reach a consensus on certain issues for us. Definitely, controversies on problems like how to restrict the power of the government and how to coordinate the economic development and personal property will continue. Land expropriation for the public interests transforms the ownership of the land form the farmers to the country and provide the farmers and related organizations reasonable compensate with legal procedures. Land expropriation system formed by the era of the planned economy in China. Today, although some adjustments and improvements have been made in the range, standard and approval authority about the land expropriation compensation during the time, it is not a fundamental solution to the main problems in the land expropriation system. There are many defects in the definition of purpose, procedure, compensation and relief mechanism in land expropriation. Its adaptability and lag become increasingly apparent. If there is still not further improvement for the current land expropriation system, the problems above will not be solved thoroughly, and this is against the protection of the land rights of farmers. It is also not conductive to the establishment of a fair and sound legal environment, and finally, it will impact on the economic development and the social stability of our country.The thesis consists of five chapters, as follows:The first chapter is introduction, in which the author puts forward the issue-the necessity of improving land expropriation system, elaborates the research value and significance and introduces methods.The second chapter is an overview of land expropriation system. This chapter mainly elaborates the land expropriation system in theory. The author discusses the connotation of land expropriation system from concept, characteristic and legal relation. In order to further the theoretical study of land expropriation system, the author expounds the theoretical basis of land expropriation system on the principle of rational use of the land, protection of cultivated land, public interest priority, reasonable compensation and legitimate procedure.The third chapter focuses on the change of land expropriation system in China, current situation and problems. In this chapter, the author proposes some major problems exist in the current land expropriation system in accordance with its historical change and current situation of the development. First, he refers and collects laws and regulations on land expropriation system since the foundation of the new China. Second, he attaches importance to introducing existing legal provisions about land expropriation in Constitution, Real Right Law and Land Management Law. At last, he puts forward major problems in the current land expropriation system.The fourth chapter introduces land expropriation systems in America, France and Japan, and summarizes some references and inspiration on related systems to our country.The fifth chapter is the improvement of the land expropriation system in China. The author proposes some advices on how to improve and reform the land expropriation system in China by making land expropriation laws specially, clarifying the standard of public interests, scientifically planing the use of land, standardizing the procedure of land expropriation, guaranteeing the participation rights of farmers, improving compensation system and relief mechanism.