Study On The Legal Problems Of The Land Resources Protection In The Process Of Land Expropriation

Land expropriation is the national compulsory acquisition for other land for public purposes and pay compensation in civil subject. In our country, it mainly refers to the administrative act that the state will collective land into state-owned land for the needs of the public interest and pay compensation of it. To the needs of economic development at present, our government is expanding land expropriation, which is associated with the land resource protection situation faced with challenges.In terms of the scope of land expropriation, the scope of expropriation is expanding, the purpose of which beyond the category of "public interest" and the illegal phenomenon that additional collection and disorder collection is serious; In terms of compensation for land expropriation, the significance of land expropriation compensation systems is reflected not only in the interests of conservation, but also effectively play the role of rational distribution of land use and protection of land resources.But now the narrow scope of compensation, low standard, and the low cost of collection spur government land expropriations. In terms of the process of land expropriation, land expropriation is not unified, the responsibility to carry out is difficult,and the lack of the purpose decision procedures and public participation procedures cost the land resources protection becomes weak on the process.Land relief mechanism is also not perfect, it does not form a complete relief mechanism of things during and after, when land resources are being unreasonable or illegal levy it could not apply a scientific mechanism to protect the land resources.In addition, the government function alienation and a lack of effective supervision objectively provided a hotbed for the abuse of land expropriation rights. This article will analyze our current land expropriation system deeply from the perspective of the protection of land resources and summed up the shortcomings and disadvantages, meanwhile draw lessons from foreign advanced system of land expropriation and combine with concrete practice experience of our country and put forward the solution in the end.In view of the source in the process of land expropriation of land resource protection, this paper creatively puts forward from the view of the different legal status to establish perfect mechanism of "public interest" definition, and set the public participation in the program of public interest definition; in view of the compensation system,specific scientific and reasonable suggestions were put forward to guarantee the role in adjusting;in terms of land relief mechanism, this paper draws on America’s "injunctive relief" to prevent further damage to land resources, and putsforwards that we should strengthen afterwards relief from the perspective of the protection of land resources,in order to perfect our country’s land expropriation system and related system and strengthen the protection of land resources.