The Study On The Law System Of Chinese Rural Collective Land Requisition

Along with the expeditious tenor of urbanization and industrialization, the demanding of the land has increased gradually, so the rural collective land expropriation becomes Main Avenue which fulfills the need of many kinds of constructive land of China. Rural collective land expropriation refers to the administration action that according to legal regulation the administrations take collective land proprietorship compulsively for the need of public interest and give compensation. The system of rural collective land requisition of our country is given birth form the land reform system of early foundation of new China, and is come into being in the system of collective land proprietorship of the Chinese economic reform. It seems as an administration requisition problem professedly, but a slight more in one part may affect the situation as a whole substantively. It involves many parties and mutual relationships of interests like administrations (including central government and local government), rural collectivity, farmers and land user etc.; and every aspect of land requisition which including the problems of enactment of requisition purpose, the problems of power running, the problems of protecting ownership, the problems of transferring the privilege to use, the problems of sharing the privilege of development, the problems of marketing-management, the problems of structure-building, the problems of requisition compensation and resettlement, the problems of social security, the problems of expropriation procedure, and the problems of disputes settlement and relief, etc. The settlements of rural collective land expropriation problem is that how to solve the conflict and game of interests, make them mutual-move, correspond, and equity, and finally achieve interests harmony, realize interests safeguard, and interests harmonious. Nowadays, many countries and distinctions all over the world has been established more mature land expropriation system, and it is has comparative inspiration and successful experiences function to the consummation of our countries'land expropriation system. To consummate the system of land expropriation from the layer of system, it can process from the aspects of legislation system, power system, ownership system, use-right system, development right system, market system, organization system, compensation and resettlement system, social security system, procedure system, and disputes-settlement-relief system, etc.It brings forward the concept of rural collective land and rural collective land expropriation on the base of synthesized analyzing the already information and investigation outcomes of domestic and overseas in first part of this paper, and compares the relationships between land requisition and land expropriation, and the differences between land expropriation and land withdraw.At the second part of the paper, it processes the pectination and conclusion of the history and background of the rural collective land expropriation legal system firstly. Rural land expropriation has existed for a long history, but at that time it was distinct from what we called land expropriation, the real collective land expropriation came into being after the establishment of collectivity land tenure. The legal essence of collective land expropriation is a kind of administration legal action which possesses the appearance of civil action. It embodies interest relationships of vary parties, including the conflicts of interest and the game relationships among government (including central government and local government), rural collectivity, farmer, and land users.At the third part of this paper, it analyses the compel expropriation system of USA, the compel requisition system of United Kingdom, the public expropriation system of France, the commonweal requisition system of Germany, and the land expropriation systems of Canada, Japan, and Tai Wan district. It educes that the safeguard of land expropriation is the environment of wholesome land expropriation legal system, the precondition of land expropriation is bounding the aim of public rights expropriation in reason, the foundation of land expropriation is land expropriation procedure with equity and efficiency, the key of the land expropriation is the land expropriation compensation of dispassion and reasonable, and the guarantee of the land expropriation is consummated disputes settlement and relief mechanism.At the fourth part of the paper, it analyses the per se problems of rural collectivity land expropriation from the aspects of collectivity land expropriation itself and system. It mainly includes the problem of expropriation aim enactment, the problems of power running, the problems of protecting ownership, the problems of transferring the privilege to use, the problems of sharing the privilege of development, the problems of marketing-management, the problems of structure-building, the problems of requisition compensation and resettlement, the problems of social security, the problems of expropriation procedure, and the problems of disputes settlement and relief, etc.At the fifth part, it emphasizes the movement and consummation of the system, including the consummations of legislation system, power system, ownership system, use-right system, development right system, market system, organization system, compensation and resettlement system, social security system, procedure system, and disputes-settlement-relief system, etc.