The Current Rural Land Expropriation Law Studies

In recent years, the rural land expropriation problem of law, political science,sociology and other disciplines focus on one of the major theoretical and practicalproblems.Related disciplines of scholars on this issue has been a lot of fruitfultheoretical exploration,and the government related department has conducted a seriesof system exploration and innovation,and made some significant progress, but thereare still a lot of around the problem and explore the theory and practice, we need totry.Land expropriation in essence is the use of coercive power to farmers or othermain body all land nationalization behavior,the right to land expropriation is theadministrative organ in accordance with the law and to the specific administrative act,so is a comprehensive qualitative behavior.Land expropriation have mandatory,public interests, the ownership transfer, procedure legitimacy, compensatory andspecificity of the main legal features.Nowadays in China there is a lot of land expropriation compensation legal laws andregulations, but in reality there are still many problems to be solved, such as publicinterest definition is not clear, in the land expropriation compensation andresettlement does not reach the designated position, imperfect land expropriationprocedure, relief way is not enough, and so on. Discusses the root causes of theseproblems will be found and inadequate legal system is one of the important reasons.In this regard, the developed countries outside of some reasonable approach is worthyof our learning and reference.And the research of land expropriation system in China, we need to clear the"public interest" in theory and practice of the repeated use of the concept connotationand denotation, and perfect the system of land expropriation in our country, we needto carefully study the land expropriation compensation system, the problem of landexpropriation procedures set and relief measures of land expropriation.This article uses the empirical study, analogy analysis and other researchmethods,the perspective of jurisprudence dialysis behavior of land expropriation, andintegrated by using the theory of sociology of law, and the legal system of rural landexpropriation related to conduct a comprehensive combing.First of all, from the concept of public interest, decision criteria, characteristics and legislation mode from several aspects to research of public interests, the publicinterest to sum up the mode of list.Secondly, in terms of compensation system, from the rural land expropriationcompensation principle, standard, scope, methods, objects, costs and expenses, suchas the distribution of the point of view, the research identified for the purpose of fairand reasonable compensation principle,full of landless peasants compensation levysystem.Thirdly,legitimate procedure is the guarantee of entity justice, this article fullydraw lessons from foreign related procedure system, suggest perfecting the landexpropriation procedure, in order to improve the efficiency of land expropriation,safeguard social justice.Finally, the relief rural land expropriation problem is also a very importantaspect of the subject. Therefore, to establish perfect remedy procedure of landexpropriation is very necessary, this paper studied the present situation of our civilrelief and administrative relief and its problems, trying to find a can give farmers witha variety of choice of effective relief way, proposed the diversity of administrativerelief and judicial relief and relief mechanism, in order to reasonably settle the disputeof land expropriation.This article mainly from the above four aspects,to study the legal problems inrural land expropriation system,to explore the way of complete legal system of ruralland expropriation in our country.In order to form a system of land expropriation legalsystem,the legal rights of the farmers get better protection,to promote the harmoniousdevelopment of the society.