On Chinese Land Expropriation And Compensation System

In our Constitution, land expropriation compensation system,as a basic system,provided constitutional basis for land acquisition, also provided legislative basis for land acquisition. In recent years, however, with urbanization being in urgent need of the land, the land acquisition activities become more and more frequent, thus initiated endless conflicts and bloodshed emerge. In the face of the escalation of the situation, this article analyzed our country's land expropriation compensation system from the perspective of the Constitution under paragraph 3 of article 10, and then looked at the current situation of land expropriation compensation system. Finally the author put forward the improving measures.The first part is the introduction section. This part mainly introduces the research background, significance, and basic method of the article, literature review and content framework of.The second part mainly introduces the reasonability of land expropriation compensation. This part demonstrated from the two angles. First the author analyzed the reasonability from the angle of protection of private property. Second the author analyzed the reasonability from the perspective of the protection of the right to existence.The third part mainly introduces the perfection of land expropriation compensation system of the constitution in our country and western countries.The fourth part mainly explains the Constitution under paragraph 3 of article 10. This part mainly explains the original purpose of the article from four aspects. First the author explains the subject of is "the country". Second the author explains the purpose is the "public interest". Third the author explains the procedure should be "in accordance with the law". Finally the author explains the precondition is "to make compensation".The fifth part is mainly to review the current land expropriation compensation system in our country. This part mainly expounds from three aspects. First the author analysis the interests imbalance initiated by the land ownership design from land ownership design. Second the author analysis the constitutionality of all kinds of the current laws and regulations. Finally, starting from the moment issue of land expropriation purpose, the author analysis some practical unconstitutional problems based on non-public interests.The final part puts forward the measures to improve the current land expropriation compensation system, focusing on paragraph 3 of article 10. According to the article fifth part of the problem, this part puts forward three improvement measures. Firstly, aimed at the unreasonable phenomena that stipulated in the Constitution, the author suggests adjusting the ownership of land and deleting paragraph 3 of article 10. Secondly, aimed at all kinds of unconstitutional problems of laws and regulations, the author put forward specification legislative subjects and legislative activities. Finally, aimed at the reality a lot of unconstitutional acts based on purpose of non-public interest land requisition, the author proposes the establishment of the non-public interest land requisition system, in order to meet the real need.At present, there are many problems of land expropriation compensation system in our country, not only reflected in the Constitution but also in the real operation. This paper argues that, in the current domestic situation, adopts rigid-flexible economic means of adjusting the land expropriation compensation system in our country, not only through the adjustment of the Constitution to reverse the situation, also through policy guidance for gradual reform.