Comparative Study Of Land Expropriation Legislation In China And India

As China's land expropriation system took shape in the planned economy period,although it has played a positive role in ensuring the country's economic development in the history,the land expropriation system also needs to keep pace with the times in the current market economy system.At present,promoting the economic development of agriculture and rural areas and achieving urban-rural integration have become the most important tasks.Although China has improved and perfected the land expropriation system in many ways,and the Land Administration Law of the People's Republic of China(revised in 2019)was formally implemented in 2020,there are still some flaws in the land expropriation standard and compensation level.This article mainly adopts the system thinking paradigm(level of the legislative norm system)and the rechtsdogmatik paradigm.At the same time,it adopts comparative analysis,paraphrasing analysis,literature analysis and other research methods to interpret the normative connotation of land expropriation legislation in China and India.This article separately explains the concept of land expropriation legislation in China and India in the static sense and the changes in land expropriation legislation in India in the dynamic sense.It clarifies the effectiveness of China's land expropriation legislation under collective land ownership and the fairness of India's land expropriation legislation under the premise of private land ownership.Compare the land expropriation benchmark clauses and compensation clauses between China and India,and put forward the characteristics and deficiencies of China's land expropriation benchmark clauses and compensation clauses.In terms of public interest clauses,land expropriation procedures,land expropriation supervision agencies,compensation targets,compensation scope,compensation standards,etc.,this article puts forward some references for the scientific construction of a land expropriation legal system that is suitable for China's national conditions.Based on the above comparative research,this article also puts forward some specific countermeasures and suggestions on the development and improvement of China's land expropriation legislation.At the legislative level of land expropriation benchmarks,we should first improve the normative setting of public interest provisions for land expropriation,establish a public interest recognition process,achieve a win-win situation for democratic protection and economic development,and practice the concept of shared development.Secondly,improve the normative setting of the terms of the land requisition procedure,build a balanced mechanism for the participation of the requisitioned people to avoid populism.Finally,improve the social stability risk assessment clauses for land expropriation,construct the social stability risk assessment specifications for land expropriation,and clarify the exclusion and application of social stability risk assessment specifications.At the legislative level of compensation for land expropriation,first of all,it is necessary to improve the supervision clauses for land expropriation compensation,strengthen the internal supervision and highlight the external supervision while combining horizontal and vertical supervision.Secondly,improve the normative clauses of the objects of compensation for land requisition,clarify the identification of collective membership,and improve the policy of land requisition protection in ethnic minority settlements.Thirdly,improve the terms of the compensation scope for land expropriation,implement the legislation of the CPC Central Committee on land expropriation legislation,and at the same time establish a comprehensive compensation standard setting with multiple scopes.Finally,the principle of compensation for land requisition was improved,the market price evaluation mechanism was improved,and the principle of market price compensation was established.