The Study On The System Of Our Country's Collective Land Expropriation

Land is a fundamental human survival,every reform of the land system is effectively promoted the progress of society.For farmers,the land is not only their most basic production materials,but also fundamental to their survival and development.In recent years,the rapid development of China's social and economic and advancement of urban-rural the integration process,while a large number of rural collective land expropriation for public welfare construction.However,many problems due to the imperfections of the existing system of collective land caused,has become a serious impediment to social and economic development.With a strong color of planned economy,China's current system of collective land expropriation is incompatible with the new situation of the market economy.There are many problems like the definition of the public interest,compensation system,the collection process and protect the interests of farmers need to be solved.Therefore,to promote collective land expropriation reforms,improve the legal system and collection behavior,build a harmonious society and realize the goal of building a comprehensive well-off society have great significance.Against this background the paper identified the theme,collective land expropriation system in China as the research objectives,analyze the process of collective land acquisition problems and propose appropriate measures to provide a reference for researchers and policy makers.In this paper,the structure is divided into four parts :The first part is an overview of relevant theories on collective land expropriation system in our country.In this part,firstly introduces the definition of related concepts of the land expropriation,secondly the expropriation of collective land of the meaning and legal characteristics were summarized,and finally discusses the theories about the collective land expropriation legal basis.The second part introduces the national features of foreign land expropriation system,mainly analyzes the American,Japan,France,the land expropriation system.Then,by comparing the states of the land system,we sum up experience and provide reference for improving our collective land expropriation system,including a sound system,reasonable definition of the public interests,fair procedure,fair compensation,perfecting dispute resolution and relief mechanism.The third part mainly analyzes the present situation of collective land expropriation system in our country,to find out the shortcomings of the system.The main defects including the purpose of collecting is unclear,the land requisition compensation of non-market,land expropriation procedure is not perfect,the lack of the rights of landless peasants security system.The fourth part is the thinking about how to perfect the collective land expropriation system in china.Suggestion is divided into four parts: first,perfect the system of collective land expropriation compensation,specific measures include raising the compensation standards,rich compensation mode;secondly,collective land expropriation procedures complete,including the establishment of procedure of recognizing public interest,improve notice procedure and the establishment of dispute resolution and relief procedures;finally,safeguard farmer the perfection of the rights after the collective land acquisition.