Research On Legal Issue Of Rural Collective Land Expropriation In China

With the progress of society, our country is entering the peak of urbanization process.The rapid progress of the urbanization process can not be separated from the development and utilization of land, especially the collection and utilization of collective land. According to the relevant provisions of the Constitution and the Land Administration Law, the state has the right to collect collective land according to the legal procedures and make compensation and resettlement for the purpose of public interest. As the legal system of rural collective land expropriation is not perfect, it is easy to lead to the abuse of administrative power illegal land acquisition and other phenomena. At present, our national rural land expropriation process shows a lot of legal issues, such as the lack of public welfare purposes in advance that the compensation standards are low, the lack of appropriate supervision and relief channels.This paper intends to discuss the legal problems in the process of collective land expropriation in China, and put forward the corresponding suggestions on the collective land expropriation system in China through reference and absorption of foreign beneficial practices.This paper takes the protection of the rights of landless peasants as the starting point in the process of collective land expropriation, and puts forward the problem - the analysis to the problem - the solution to the problem. Firstly, the author studies the status quo of collective land expropriation and the related legal issues; Secondly, study the status quo of collective land levy and related legal issues; Thirdly, through the study of the land expropriation system of the United States, France and Japan, the paper summarizes the collective land expropriation and the relevant legal issues. Our country can learn from the experience, such as strict public interest review, standardize the collection process,improve the relief channels; Finally, combined with the main problems in our practice to make recommendations. Therefore, the establishment of a scientific and fair collective land levy legal system, not only to regulate the collective land levy procedures to safeguard the vital interests of landless peasants, but also conducive to promoting economic development and social harmony and stability.