On The Improvement Of The Chinese Collective Land Expropriation And Compensation Regime

With the rapid development of local economy, more and more collective agriculturalland by taxing into state-owned land for construction purposes, but because the legal systemof collective land expropriation in our country is relatively backward, the procedure is notperfect, and the compensation scope is narrow, single content, and with the decoupling thefactors such as the low compensation standard, farmers by land acquisition when economiccompensation and land expropriation by market reflects the economic value of there is a hugedifference, the difference is also directly contributing to farmers in the life, work and socialsecurity. Based on the theory of social justice, studies the problems of the legal system ofcollective land expropriation, from a purpose, a program, a compensation, the judicial reliefway, such as Angle perfect accord with the situation of our country’s legal system ofcollective land expropriation. In this paper, the text is divided into four parts.The first part: the concept of legal system of collective land expropriation, nature,characteristics and historical evolution. The introduction of the concept of legal system ofcollective land expropriation and nature, on the basis of analyzing the characteristic of thelaw of collective land expropriation compensation, and introduces the legal system of ruralcollective land expropriation in our country history.The second part: the current situation and problems of legal system of collective landexpropriation in our country. Based on the constitution and the foundation,"land managementlaw" and "property law" as the main body of the legal system of land expropriation isanalyzed, according to the current legal system of collective land expropriation, points outthat the aim, procedure and thecollection problems of compensation and relief way, expoundsthe necessity of reform of current legal system.The third part: the land expropriation legal system in other countries and regions. Fromthe purpose, the collection procedures, compensation and relief way four aspects to introduceBritain, the United States, Japan and other countries and our country Taiwan area of the legalsystem of land expropriation, and generalizations is worthy of learning.The fourth part: the Suggestions of perfecting our country’s legal system of collectiveland expropriation. Draw lessons from the advanced experience of other countries and regions, combined with the current China’s national conditions, from four aspects, putforward Suggestions of perfecting our country’s legal system of collective land expropriation.First, the clear purpose of land expropriation. Through legislation to explain the concept of"public interest", and in the actual operation of land for public welfare and profit-makingadded to distinguish; Second, improve the collective land expropriation procedures. Increasepublic interest purpose decision procedures, and by ensuring that the landless participation, toset up compensation in advance, to set up the system of collective land circulation improvecollective land expropriation compensation program;3, perfect the system of collective landexpropriation compensation. The advanced experience of other countries and regions, byexpanding the scope of compensation and increase compensation standard, the reasonabledistribution of compensation benefits and compensation way to improve the system ofcollective land expropriation compensation. Fourth, perfect the judicial relief mechanism.From speeding up legislation, strengthening the administrative remedy, intensify the judicialrelief aspects improve the relief mechanism.