Study On Land Conflict In The Process Of Expropriation

With the construction of socialism in China to speed up urbanization, urban construction and plant construction requires large amounts of land imposed governments at all levels under the influence of various factors, but also the demolition of farmers continue to hoard land and gradually formed a large-scale " New Enclosure Movement", as land expropriation in China, there have been massive rural landless farmers can plant, conversion to urban accounts can be no work after being made homeless after the demolition," non "account of social insecurity, unreasonable nowhere to speak of the "five non-farmers" groups. Each project is like a land developer (the government) and farmers of war, land that might otherwise lead to conflicts at any time. At the same time, China has imposed a lot of abuse of the land, barren land in the alarming number of large, directly endangering the country’s food security and rational use of land. Compared to land acquisition and demolition of the city, most likely caused by land acquisition in rural areas, conflicts and even stimulate the mass incidents. Rural land acquisitions related to the protection of rural land, the interests of farmers and social stability. This departure from the large number of actual data collected on rural land of superficial conflict.As the legal form of land ownership, land ownership, there is a corresponding state land ownership and collective ownership of land two types. Land requisition is the guarantee for public facilities and public welfare undertakings for construction is an important measure of the land. Whether capitalist countries still socialist countries, in order to develop social public undertakings, set the legal system for land requisition, our constitution, article10for public interest, can need according to the legal provisions on requisition land, this is our country executes the constitution land expropriation. Land expropriation system is the world for the development of social public utilities and a legal system. Constructing a Harmonious Society is the great aim in the fourth plenum of the sixteenth CPC Central Committee. However, this objective is now experiencing great trouble in frequent outbreaks of land expropriation conflicts. As a matter of fact, land expropriation system does not only exist in China, it also happens in capitalist’s countries, where in order to meet the public facilities and utilities in the land needs, land acquisition is always carried under legal procedures. However, in western countries, particularly developed countries such as United States, Britain, Australia and Germany, land acquisition can work smoothly, seldom accompanying with so many land expropriation conflicts. That is to say, there is no necessary connection between land expropriation and land expropriation conflicts. So, why land expropriation in China brought such frequent conflicts? Expecting to make some improvement to the work of land expropriation in rural area, the paper mainly research into the following topic:the characteristics and the causes of conflicts in the land expropriation, limitation on the current land expropriation system and solutions to land expropriation conflicts.The paper consists of four parts. Firstly, the introduction elaborates the significance of research in China’s land expropriation conflicts rural area, ascertains the research range and analyzes both foreign and domestic situation of land expropriation, thus establishing methods and the main course of the study. The second part, through collecting mass of practical cases and analyzing the situation of China’s rural land acquisition conflicts on the internet, demonstrates the incentive of land expropriation conflicts in rural area according analysis of cases on land compensation, illegal land acquisition and unreasonable resettlement.The third part, analyses the defects and deficiencies of the land expropriation law system, mainly discussing the abuse of government land acquisition, the unreasonable land acquisition and the unsound compensation procedure. The fourth part puts forward four countermeasures, that is "one reduce" and "three establish":reduce land expropriation range; establishes a collective land property system that meets the need of market economy; establishes a much more reasonable land expropriation Compensation Standard on rural area and establishes fair and reasonable land acquisition procedures, all are mean to solve the land expropriation conflicts in rural area.