Research On The Legal Issues Of Rural Collective Land Acquisition

Along with the advancement of urbanization in China,frequent contradictions come out in the process of the rural collective land expropriation.The administrative organs ignore due process of law and paying no attention to reasonable compensation and resettlement of the landless people in the relocation,which leads to frequent conflicts.There are collective reasons of the above issues,including both the historical reasons and the practical reasons.There are also the state system reason and the cultural reason.The paper aims to find out the solutions by discussing the legal connotation and the analysis of the current situation as well as the successful experience abroad of the rural collective land expropriation.Besides the summary and the epilogue,the paper discussed mainly the topic by the following parts.The first part gives a description of the concept,the characteristics,the nature,the origin and the development of the rural collective land expropriation.The second part gives a description of the present situation,the problems and their causes of the rural collective land expropriation.The third part describes the related foreign provisions and lessons,including the standards of public interest and the system of land-expropriation which gives us inspirations in the United Stated,Germany and Japan.The fourth part makes thorough suggestions from the standard in the public interest,land acquisition procedures,the program of compensation and resettlement and determining the relatively fair compensation standards.In my view,only with a clear definition of public benefits,the legalization procedures of the rural collective land expropriation,the thorough procedures and standards of compensation and resettlement,the state urbanization can be constructed orderly.Only in this way the state development and the human' can be a benign interaction and circulation,making truly the sustainable development of the state and society.