Study On The Legitimacy Of The Land Administrative Expropriation In Cnina

Land administrative levy is a sovereign state in order to meet the public buildingor city planning needs, will exercise a power of rural land expropriation andcompensation. The country enjoys the right to levy itself apart from the subject to theconstraints of natural law and not restricted by law, but due to the lack of legal normsand local land finance driven, in the collection of rights has been a serious departurefrom the original purpose of expropriation. The problem of land requisition range,land acquisition procedures are not standardized, low land compensation standard, theprotection of farmland in China caused serious influence, very adverse violated thelegitimate rights and interests of peasants, resulting in a large number of socialcontradictions, these problems existing in the exercise of the power of administrativeexpropriation of land the crisis of legitimacy. To break the urban and rural landsystem of two yuan, the establishment of a unified land market, to further clarify theownership of rural land rights, perfect the rural land expropriation law,standardization of government land behavior has become a pressing matter of themoment to improve the legality of administrative expropriation of land in our country.The first part of this paper mainly introduces the development process and thebasic theory of the right of administrative system, land expropriation, landadministrative expropriation of land system; the second part introduces theadministrative system of land in our country currently established from objective, landadministrative levy object, subject, procedure and the compensation problem; thethird part of the land administrative expropriation the practice of our country to carryon the analysis, some land in violation of the statutory authority and procedures, landacquisition compensation unreasonable legitimacy conclusion land administrativeexpropriation in China, and analyze the reasons of the legitimacy is not enough,which leads to the fourth part, some suggestions to solve the problem of legitimacy ofadministrative expropriation of land problems in china.