The Legal Dilemma And The Way Out Of Land Expropriation Under The "Village To Habitat" Mode

With the rapid development of our country’s economy, the wave of urbanization steadily,while the“Village to Habitat”have become one of the main methods of urbanization in manyplaces.At the same time, the“Village to Habitat”also highlights the various kinds of problems, oneof the most core, the most controversial issue is the problem of land. At present,due to the lack ofrelevant legal policies and administrative organ legal consciousness weak,cause administrativepower has a great deal of randomness in the“Village to Habitat”of the land expropriation. Suchmadness seriously infringes the vital interests of farmers, leading to the current land expropriationunder the "village changed" mode has a lot of problems, encountered many difficulties. In someplaces,"the home village changed" has become a start factor of land expropriation, become a newround of "purchase shower" by local government. This article will cut into the“Village to Habitat”from the perspective of land expropriation,and make an intensive study from the legal level,especially from the perspective of constitutional law and administrative law. At the eventually，this article will be foothold in the collection of the other party on the protection of the rights andinterests.This paper mainly includes three parts, respectively is the introduction, text and epilogue. Theintroduction part introduces the basic situation in “Village to Habitat”. A brief description of thesignificance of the research about this paper. Text divides four parts, analyze the status of “Villageto Habitat” of land expropriation,through to Carding the basic theory of land expropriation, andcombines the local practical situation of land expropriation, in the perspective of the constitution,administrative law point. And Learnning from foreign experience at the end of the systemreconstruction of experience. In the epilogue part, generalizing the thought of the article.The first part is mainly to summarize the theory of land expropriation in the“Village toHabitat” mode,mainly including the concept of land expropriation, the theoretical basis for landexpropriation and the necessity of researching land expropriation in the "village changed" mode.The second part is mainly to analysis of the specific problems in land expropriation of“Village to Habitat” mode.Consist of the farmer’s right to development can not get the security after the“Village to Habitat”,and the lack of reasonable and effective legal process of landexpropriation.The third part analysis the legal dilemma of land expropriation under the “Village to Habitat”mode from three angles, namely the Angle of legislation, law enforcement and judicial law.Through in-depth analysis of the part, we will have a macro understanding about the status and thespecific problems of land expropriation.The fourth part mainly put forward some corresponding suggestions on the perfection of theland expropriation legislation. Referring to the relevant foreign experience in the specificsystem.This paper will eventually stop in for a relative person rights and interests protection.