On The Problems Of Land Expropriation

And Chinese city changes a process to be advanced quickly beautiful picture accompanied a picture is a large number of rural collective land is ruthless City engulfed by the tide, thousands of lost territory farmer constantly thrown into the ranks of the unemployed group. The whole nation builds comparatively well-off society in harmony, in the joint efforts, to the current land expropriation system of profound reflection.In this paper, based on the land expropriation and classical theory, a scientific analysis of the system of land expropriation in our country’s situation, in-depth analysis of the current land expropriation problem, comprehensive search the root cause of these problems, combined with China’s actual national condition, draw lessons from foreign advanced experience, how to improve the current land expropriation system rationalization suggestion. One is to accelerate the rural property right system reform of collective economy process, to build a complete circulation of right to use collective land legal documents. Two is the establishment of scientific and reasonable definition of public interests scope. Three is to establish a scientific and effective system of land expropriation and compensation, focus is to establish a " two yuan" as the main feature of the compensation mechanism is the original" generally speaking, the land compensation fee" specifically divided into30%" collective ownership of land expropriation compensation" and70%" the contracted management right of rural land expropriation compensation", substantially increase the cost of each specific compensation standard. Four is the establishment of a plurality of landless farmers resettlement mechanism. From five aspects, to take the necessary measures to ensure that the" lost territory, without losing the house"," lost not unemployment","lost not defeat"," lost territory lost by","lost not broken","lost not loss of right". The five is to strengthen the land management. Six is the reform and perfect the land requisition compensation program specification.In the land expropriation system as the research to produce positive social effect, to reflect social fairness, maintain social harmony and stability, maintain economic society development have far-reaching practical significance. The innovation of this paper lies in the view of jurisprudence, by use of legal theory to scientific view of land expropriation system mechanism, the paper discusses how to establish the new mechanism of land expropriation.