Study On The Land Expropriation System Of The Chinese Feature

The development and progress of human society has experienced atransitional process from the traditional civilization to the modern civilization,which is symbolized by urbanization. Marx has ever pointed out that the historyof modernization is also the urbanization history of rural areas. The process ofurbanization is accompanied by the fast growing of fortune in one hand andquick transition of production factors from agriculture to non-agriculture on theother hand, for example, farmland is continuously expropriated as urban land.China is a developing country with dual economic structure composed of ruraland urban areas. To keep fast economic development, industrialization andurbanization are the only choice for China. The process of industrialization andurbanization needs more and more land, but because the present landexpropriation system of China is imperfect, lots of conflicts and problems areinvolved during the expropriation from rural land to urban land. The existingproblems make the present land expropriation system face a strict challengeand become a highly debated issue for the academia. Therefore, modifyingand perfecting the present land expropriation system and changing it into apracticable and suitable land expropriation system with Chinese feature are ofimportant theoretical value and practical significance to both Marxist landsystem theory and Chinese land expropriation practice. This paper focuses onthe land expropriation system of Chinese feature. The thesis, based on theMarxist theory and referred to the theory and practice of land expropriationsystems used in foreign countries, systematically analyzed the theoretical andpractical problems related to land expropriation system of Chinese feature.The thesis consists of five parts. Part I is an introduction, including researchbackground, significance, and methods. Part II basically analyzed the relatedtheories of land expropriation system, including the concept and fundamental characteristics of land expropriation system, and related theories of Marx andWestern scholars. Part III, through analyzing the status and existing problemsof land expropriation system of Chinese feature and based on the formationand development of land expropriation system during periods of Revolution ofConstruction, puts forward issues in five aspects: indeterminacy for publicinterest, incomplete process of land expropriation, imperfect law of landexpropriation system, incomplete compensation for land expropriation system,and lacking effective supervision measures. Part IV, through studying the landexpropriation systems in the USA, Japan and Canada, summarized that landexpropriation should be oriented by public interest, the legal system should beperfected to protect land owner’s legal right and interest, ownership of landshould be clear to avoid right offense. Part V puts forward some suggestions toperfect the Chinese land expropriation system, that are, to define the scope ofpublic interest, to complete and perfect the legal regulations for the landexpropriation system, to perfect the procedure of land expropriation system, towiden the compensation scope and raise the compensation standard, tochange from the currency compensation to system safeguard, and to buildeffective supervision system.