Study On The Rotation System Of Land Expropriation

Under the current land expropriation system in China,the government used the banner of public interest to requisition land.Some of them did not develop within the time allowed by law after the land was acquired,or they did not strictly follow the collection plan and changed the purpose of use.A large area of land is idle and ridiculous.In the judicial practice,the peasants collectively advocated the withdrawal of the levy,and the original ownership of the land was rejected by the court because of the lack of legal support.The land expropriation system refers to the fact that the land acquisition decision is revoked or the purpose of land acquisition is not realized.The land-expropriated unit applies the original owner of the land or the land acquisition agency takes the initiative to restore the ownership of the acquired land to the state before the expropriation.The system in which the owner refunds the land compensation.The significance of the land expropriation system is to avoid the inefficient use of land caused by idle land and the levy of the expropriation authority.Through the restriction of the land expropriation system,the expropriated person supervises the utilization of the land by the expropriation agency,and prompts the expropriation authority to exercise the expropriation right more cautiously.It is an innovative exploration of land acquisition from extensive collection to fine collection in China.The land expropriation system has unique value and has achieved good results in many countries.However,China has not yet established a land expropriation system.This paper attempts to construct China's land expropriation system through the analysis of the general theory,feasibility foundation and extraterritorial practice experience of the land expropriation system.In addition to the introduction and conclusion,this article is divided into five parts:The first part introduces the land expropriation system by applying for the case that two farmers collectively apply for revolving land.In judicial practice,farmers apply to revoke the levy decision and revolve the land that was levied.In China's land expropriation system,there is a lack of land expropriation and the reversal of the expropriated land.As a result,although the court thinks that the expropriation procedure is illegal,the farmers' request to turn the land is not supported.The second part analyzes the general theory of the land expropriation system.Starting from the current land expropriation system in China,the paper analyzes the connotation of the land expropriation system and the nature of the land expropriation right.The analysis of the land reversal system includes two levels.One is that the expropriated person exercises the right to resell the land according to the application,and the other is that the expropriation agency actively revolves the land.Land requisition is not a retransmission of land ownership but a retrospective of original ownership.The third part analyzes the necessity of land requisition system from the basis of reality,theory and system.This part first analyzes the realistic basis of the land expropriation system,that is,the land is idle and arbitrarily changes the land use purpose to cause inefficient land acquisition;secondly,the theoretical basis of the land expropriation system,the protection of citizens' property rights,the balance of public welfare and private interests,and the principle of proportionality are analyzed.In the end,the author analyzes the institutional basis of land acquisition and reversal,from the vacancy of land acquisition and the reform trend of land acquisition system.The fourth part is the ex-hull land expropriation system and its reference.This paper examines the land expropriation system in Germany,France,and Taiwan.Combined with the experience outside the domain,this paper analyzes and summarizes the reference points for constructing China's land expropriation system from the four aspects of subject qualification,basic conditions,retrieval methods and litigation methods.The fifth part is the framework construction of China's land expropriation system.Based on the legal system and actual situation of land acquisition in China,this paper analyzes and summarizes the main body of land acquisition and reversal,the applicable situation,the period of exercise,the refund of compensation,the land allocation after reversal,and the litigation method.The framework of the system.The sixth part is the improvement of China's land acquisition and rotation supporting system.Firstly,through the improvement of China's land reserve system,the land reserve system and the land acquisition and reversal system are compatible;secondly,the implementation of the land expropriation system is guaranteed by consolidating the right of the expropriated people.