Research On Legal Issues Of Collective Land Expropriation In China

The reform of collective land expropriation system has been an important issueabout national economy and people’s livelihood. It involves many aspects of the rural land system so particularly complex and difficult. In the period of rapid development of economy in our country, the urbanization and industrialization are also constantly improved. It is difficult to reduce the demand for land in a short time.The land in our country is much less than people, in order to ensure national food security, the central emphasis must ensure that the1.8billion mu of arable land red line.Implement the strictest arable land protection system.At the same time,regardlessthe public welfare andprofit-oriented land, led to illegal land expropriation frequently. It is a great harm to the interests of the state and citizens.At present, China’s land expropriation system has many defects."Public interest" definition is not clear, lack of compensation principle, compensation standard is too low, single compensation and resettlement way, expropriation procedures is incomplete, relief system are not clear.That has harmed the interests of landless peasants seriously, and caused great waste of arable land resources.So, we must intensify research new way out of the collective land expropriation system.Inview of the defects and deficiencies of current collective land expropriation system, recommended a total way of thinking of "a defined, two systems" to solve problems in system of collective land expropriation."A define" is clearly define "public interest", this is the premise and breakthrough.Recommended summarized plus list and disincentives model to define the public interest.To establish and perfect the system of current land expropriation for public welfare land.To improve the procedures of land expropriation, fully protect the legitimate rights and interests of farmers. To determine the fair compensation principles, compensation standard is introduced into the market mechanism, to establish diversified resettlement subsidies.At the same time, to introduce the judicial relief way, to security the litigation of the holder.For the ways of profit-oriented land should be spun off from the current land expropriation, establish a unified urban and rural construction land market.By the part of need land and part of ownership or use right to trade directly.Finally, exploring establish social security system for the land-lost farmers, to solve the problem of land-lost farmers’survival and development when they lost their land.