On The Perfection Of The Legal System Related To Collective Land Expropriation In China From The Perspective Of Practice

With the continuous development of economy and society,various constructions are in full swing and a large amount of collective land is expropriated.The report of the party’s 19 major party this year pointed out that our country has entered a new era of socialism with Chinese characteristics and scientifically judged the major social contradictions in the current period.The next period will mainly address the imbalance and inadequate contradictions between the people’s demand for a better life and their development.At the same time,the report also proposed the strategy of rejuvenating the country and the goal of building a well-off society in an all-round way by 2020.Therefore,it is bound to solve all problems through development.To develop it will inevitably bring about a growing gap in demand for construction land.A large amount of collective land will be destroyed With the expropriation and acquisition of land,many contradictions and disputes have taken place along with the acquisition of land.Although our country has carried out the legislation on the land expropriation,the content of the current regulations is rather limited and there is no systematic law on the expropriation of collective land.Its content is mainly found in the Constitutional Land Administration Law,Land Administration Regulations "" Urban and Rural Planning Law "and other laws and regulations,and these laws and regulations have been established for a long time ago,over the years have not been revised and improved,to a certain extent,lagging behind,can no longer adapt to the current reality Land requisition needs.Reality is often seen in large areas around the city of wasteland idle,and its main reason is the unused land expropriation,land utilization is low,the Government’s arbitrary land acquisition too much.Second,the compensation standard is low,and the compensation method is single.Generally,all regions of the country adopt the multiplier method of average land output per mu to calculate the compensation value of the requisitioned land.There is no reference to market factors at all,and compensation methods are generally based on labor resettlement or monetary compensation Which has not been considered and adapted in many specific situations.As a result,many land-expropriated peasants,although meeting the immediate needs of their life,often lose their dependence on falling-land immigrants in terms of long-term livelihood and social security.Third,the process of land expropriation is imperfect and the rights and interests of land-expropriated farmers are impaired.In practice,the government handles the process of land expropriation.From the decision of expropriation to the examination and approval of land to the land surveying and mapping,the formulation and announcement of the expropriation plan are all unilaterally made by the government.Only when the final agreement is signed will the expropriated peasants become important participants in the land expropriation.As a result,peasants’ rights to information and participation will be severely deprived,leading to complaints from the public about land expropriation and negative land expropriation.Lastly,there is a narrow scope of channels for appealing remedies.There is a phenomenon that the government is both a referee and an athlete,and many contradictions and disputes can not be effectively resolved.Therefore,this paper studies the legal system of land expropriation and studies the practices and experiences of some countries in foreign countries.It studies on the purpose of land acquisition,compensation standards and methods,land acquisition procedures and remedial channels,and puts forward some suggestions on the legal system and norms of land expropriation in China Suggestions to make land acquisition more standardized and efficient and get the people’s highly recognized support.The text is divided into four parts.Part one:Study on the Legal Theory of Collective Land Expropriation.From the concept,the definition,the historical evolution,the principle of compensation and the current legal provisions in the collection of collective land in our country.The second part:the status quo and problems of the expropriation of collective land in our country.By comparing and analyzing the "Constitution","Property Law"and "Land Administration Law" and other laws and regulations,we can get the status quo of the legislation of collective land expropriation in our country and the problems in practical operation,and explain the inevitability of the reform.The third part:Study on the relevant provisions of law of land acquisition outside the territory.Through the study and study of the legislation and regulations on the land expropriation in the United States,South Korea,Japan and France,it compares the practices of all countries in land acquisition legislation,land acquisition procedures,compensation for land expropriation and channels of relief so as to draw lessons from the experiences that suit China’s national conditions Experience and mode.The fourth part:to improve the legal system of collective land acquisition in China.Considering the reality of our country,and drawing lessons from and drawing lessons from the experience and models of some foreign countries,we can think and improve from two major aspects.