Concerning The Improvement Of The Legal System Of China’s Rural Collective Land Expropriation

The eighteen of the communist party of China the third plenary session of the \"decision\" has been clear about the rural land system reform direction and tasks. To this end, the general office of the central committee of the communist party of China and jointly issued by the general office of the state council \"about rural land expropriation, the collective management system of construction land market and land reform pilot work opinion\", this means that China’s rural land system reform will soon enter the stage of experiment. \"Opinions\" in the aspect of peasant collective land expropriation reform put forward to narrow the scope of land expropriation and exploration; Make a directory specification, contradictory dispute mediation mechanism of sound and comprehensive public land expropriation information; Reasonable for land-lost farmers, specifications, multiple safeguard mechanism, etc. According to China’s \"constitution\", \"land administration law, the property law and the provisions of relevant laws and regulations, the collection of rural collective land is for the purpose of public interests, the expropriation party in accordance with the compulsory means to put all the rural collective land into the state, and after tax in accordance with the law shall compensate and resettle the specific administrative act. However, in China’s rural collective land expropriation due to the lack of legal system, lead to illegal act of land has become the norm, cause the land rights of the farmers severely. The current major problems exist in the process of expropriation, such as unclear definition of public interests, the local people’s government abuse of right of land expropriation, a process is not open, avoid the phenomenon such as level of jurisdiction in accordance with the law. The compensation standard of land expropriation in the legal system of expropriation occupies an extremely important position. Reasonable land compensation and resettlement compensation can truly compensation is to collect the actual economic loss, but the current rural collective land expropriation is obviously too low compensation standard, as well as the compensation standard is not transparent and so on. Thus, a compensation problem is frequent expropriation disputes consumes cool, these problems are the current and future rural collective land expropriation have to solve.In this paper, based on the administrative law protection as the breakthrough point, in the process of expropriation for land-lost farmers land rights relief as the basic guiding ideology, to ask questions, analyze problems, to solve the problem of legal system of rural collective land expropriation has carried on the deep and thorough analysis. First, through several cases of the rural collective land expropriation induces serious problems exist in the process of expropriation in our country, which is a definition of public interest, the implementation of the hearing, the rationality of the compensation, as well as the related collection announcement caused problems; Second, analyzes the problems in the process of expropriation, including our country is in the midst of the great age of inflection point, for a long time to \ "entity is given priority to, the program is complementary\" the phenomenon of the rule of law is not ripe, the dependence of the local government land finance and officials of corruption in the process of land expropriation. Finally, combining with the status quo of our country is for the main problems existing in the process of rural collective land expropriation targeted, constructive Suggestions are put forward. Therefore, to establish a scientific and fair expropriation of legal system, can effective deterrent local government administrative willfulness, exercising a right reasonable protecting the land rights of farmers, is of great practical and theoretical value.