Study The Legal System Of China’s Collective Land Acquisition

As China’s economy grows at a rapid pace, and the urbanization process is in anaccelerated phase, the demand for land is increasing. But the quantity of state-owned land islimited and declining. Under this circumstance, it is inevitable to expand the expropriation ofrural collective land. However, there are many problems in our current system for collectiveland expropriation, which is based on a planned economic system, such as undefinedobjectives of expropriation, unreasonable standards of land expropriation and single methodsfor compensation, closed expropriation procedure itself. Thus, these problems result in manydisputes about land expropriation and many social problems. Therefore, it is imperative thatthe legal system for China’s current rural collective land expropriation should be improvedand reformed.This paper consists of five parts.The first part is an introduction, including anexplanation on the source, background and significance of this study object, and a briefintroduction of research status, research ideas, research methods, research contents andinnovative points.The second part weaves around the legal system for China’s rural landexpropriation. In this part, firstly, an explanation is made on the legal requirements andcharacteristics of rural collective land ownership; secondly, a brief review is made on relevantcontents and the history of rural collective land expropriation; lastly, an elaboration is madeon the characteristics of economic law of the legal system for China’s rural landexpropriation.In the third part, a review is made on the legal system for China’s rural landexpropriation. The part is an analysis of this legal system and its problems. These problemsare as followings: public interest is ill-defined, and there is a lack of reasonable investigation;the process of land expropriation isn’t made public; standards of land expropriation areunreasonable, and methods for compensation are single.The fourth part is inspirations on thelegal system for China’s collective land expropriation drawn from a comparison with foreignland expropriation. This part aims at concluding some references by making a study onforeign land expropriation from the aspects of objectives of land expropriation, compensationfor expropriation, and expropriation procedure to analyze and summarize foreign experiencein legislation in this regard, i.e. a legal system for reasonable collective land expropriation must be characterized by definite objectives of expropriation of public interest, impartialprocedure of expropriation, and reasonable compensation for expropriation.。The fifth part isabout how to improve the legal system of China’s rural collective land expropriation. In thispart, some feasible suggestions for the improvement is proposed, including deepening ruralcollective ownership, defining public interest, improving expropriation procedure, andestablishing rationalized compensation for land expropriation.This paper aims to provide some references for solving the problems in the process of ruralcollective land expropriation by putting forward some feasible suggestions for improving thelegal system for rural collective land expropriation after summarizing foreign experience incombination with the reality of China’s situation and the legal systems of land expropriationof typical foreign countries, and taking such approaches as comparative study, empiricalanalysis, historical investigation, etc. In order for the perfection of legal system of rural collectiveland expropriation in China and to ensure agricultural security。.