Study On Collective Land Expropriation System In New Urbanization Process

Land is the material basis relied by human beings to survive and develope. In current Chinese context, land expropriation mainly refers to that the country obtains the ownership of collective land and to contractual management in land forcibly, while providing some compensation according to the rights and procedure fitted by law, which is out of public interest and the construction of urbanization and industrialization. Land expropriation is related to the national economic construction, involving the vital interests of peasants and social stability. It is a game of rights between the public and the private. Along with the rapid development of social economy and the rapid advancement of industrialization and urbanization, the new construction land and the scale expansion of the city gradually realized by the collection of rural collective land. The number and size of rural collective land expropriation hover on a high level for a long time.The 18th CPC National Congress proposed the construction of the new urbanization with Chinese characteristics, marking the development of urbanization in our country entered a new stage. As one important subject of the new urbanization, the peasants, especially the group of landless, their rights and interests and the protection concerns the whole process of urbanization. How to innovate the mode of land expropriation compensation, so that landless countryside can share the results of the new urbanization construction is the first problem to be solved. Some areas have begun the pilot work of the reform of new land expropriation system, in order to obtain experiences and achievements can be replicated and popularized. The author thinks that exploring the theory of land expropriation has far-reaching practical and theoretical value in following aspects: perfecting our country’s land expropriation system, exploring the new land expropriation system adjusting to socialist market economy, improving land management level, protecting the legitimate property rights and interests of landless peasants, regularizing government’s behavior of land expropriation, leading the work of land takeover to market and legislation way, promoting the implementation of Scientific Outlook on Development and the sustainable and stable development of the whole society.This thesis attempts to interpret the land expropriation system under the new urbanization background, with purpose of finding way to solve the problem. This article is divided into three parts, the first part mainly discusses the connotation of "land expropriation" and the theoretical basis and actual condition of "land expropriation" in current Chinese context.In capitalist society, the land is of private ownership and can’t be infringed as civil private property, the state has very strict limits on land expropriation. In our socialist country, the land is nationalized and collectively owned. Peasants only have the right to use land, while it does not mean that the public power can deprive and take back the land arbitrarily. In theory, practical land expropriation should be based on the purpose of the public interest、 the precondition of "reasonable compensation" and impose restrictions on national compulsion. However, due to the non standard of land expropriation in the process of urbanization in China, land resource is seriously wasted, the right of government land expropriation is abused, the land acquisition peasants are facing survival dilemma. It is necessary to regulate land expropriation in the process of new urbanization. The second part of the article makes a specific analysis of the shortcomings existing in collective land expropriation system. Firstly, although land expropriation scope is in the category of "public interest", but the boundaries are blurry, which easily cause the generalization of public interest; secondly, land expropriation compensation based on land value of origin is lack of ration obviously; thirdly, land expropriation resettlement can’t solve the sustainable livelihood of landless peasants; finally, land expropriation procedures lack basic norms, are very likely to infringe legitimate civil rights.Therefore, third part of this article mainly explores the reasonable and perfect collective land expropriation system which is fit for the socialist market economy. The author thinks that the land expropriation system in new urbanization process should start from the following aspects.First, we should clearly define the scope of public interest from the point of entity and procedure; second, establish the compensation principle of "fair compensation",determine land expropriation compensation standard on basis of the market price; third, reform compensation and resettlement ways; fourth, standardize concrete land expropriation procedures, perfect the relief system of land expropriation.