The Coordination And Improvement Of The Legal System Of Land Expropriation In Our Country

With the development of China’s urbanization and the construction of newsocialist countryside, the rural collective land expropriation have been developed tomeet the primary way of construction land in our country. Land expropriation ismainly refers to the collective land expropriation in our country, Based on the currentland expropriation system is not sound in China,Cause in the process of landexpropriation of collective land right holder weak against the strong government inpractice, the legitimate rights and interests are often inappropriate,Caused a lot ofsocial conflicts, a great threat to social stability and harmony.Land is the source of lifefor farmers,The farmers’ survival and development relies on land,Once farmers losttheir land will become nothing at all, That is to say the land is the farmers to achieveits development the important guarantee of survival.Therefore, strengthening thecoordination and improvement of the legal system of land expropriation in ourcountry have very important theoretical and practical significance.This paper takes "the legal system of land expropriation in our country" as thetheme,The legal system of land expropriation in our country has carried on thesuperficial research,Hope for the coordination and improvement of the legal system ofland expropriation in our country.First of all,The land expropriation were summarized.Through to the levy andcollection,the concept of analysis to explore the difference between therequisition,Clear the concept of land expropriation has carried on the theoreticaldefinition in our country.From the statutory, mandatory, public welfare and proceduralthese four aspects to our country land expropriation the characteristic has carried onthe summary analysis in our country.Discusses the theory foundation of landexpropriation.By academic circles about the nature of China’s land expropriationbehavior of different point of view,To clearly define the nature of economic lawbehavior in the collection of ACTS.Second,Comprehensive analysis of the system design and problem of landexpropriation in China.Through the land expropriation and the legal basis,institutional arrangements as well as the scope of land expropriation and proceduresfor these three aspects discusses the setting of land expropriation system inChina.From the Angle of basic human rights, define the basic meaning of land-lostfarmers survival to development,And specific analysis of land-lost farmers survival development of legal protection measures,To promote our country’s landexpropriation and land-lost farmers survival development coordination.Public interestin land expropriation legal system design definition is not clear, the standard of landexpropriation compensation and allocation is not reasonable, lack of the process ofland expropriation, cause the abuse of expropriation rights, farmers rights andinterests safeguard mechanism is not sound and so on defects are discussed in thispaper.Once again,And on the investigation to the foreign land expropriation system isdiscussed.Respectively in continental law system country representative of France,Germany, Japan,Common law countries the United States, Britain and the mostcharacteristic of Russia economic transition countries general situation of the foreignland expropriation system are expounded.Justification and comparative analysis of theforeign land expropriation purpose, theoretical basis, the principle of compensationand modes and the judicial protection system, etc.Thus summed up for reference andenlightenment significance to our country land expropriation system of successfulexperiences and practices.In the end,Put forward the thinking and countermeasures of perfect the system ofland expropriation in our country.In the land expropriation and want to make a cleardistinction between public welfare and profit-oriented land,Strictly define the scope of"public interest",Strengthen land use control and promote the marketization of ruralland expropriation.Through the compensation principle of the constitution, thecompensation standard scientific and normative management and supervision of landexpropriation compensation measures such as realize the goal of design according tothe market value of land compensation system.By setting the "compensation" firstprinciples, strong prior announcement, hearing procedure, judicial review andimprove the land requisition dispute resolution mechanism to perfect the procedure ofland expropriation.Through the reform of rural collective land ownership system toregulate and standardize the government behavior of land expropriation system,Toprevent the abuse of right of land expropriation to strengthen safeguard the rights andinterests of farmers landless farmers social security work.In addition,Also discussedin the process of land expropriation and establish a new mechanism of cultivated land protection.