The Study On The Problems Of Land Expropriation System And Countermeasures Of Its Reformation In China

The land expropriation system of our country came into being in the period of planned economy and is helpful to guarantee the nation's construction of that period. But along with the development of our country's productivity, the acceleration of industrialization and urbanization, and the transformation of the economic "system, the actual land expropriation system remains a lot of traces belonging to the period of planned economy and couldnt cope with the requirements of the reality although it has been modified and perfected for many times. The construction of the land expropriation system falls behind the practice of the socialist economic construction so that it intensifies all kinds of contradictions and result in many problems in practice. At the Second Plenary Session of Tenth National People's Congress on March, 14 2004, the modification of the former Constitution was passed, which changed the item that "The state can expropriate the land under the need of public benefits according to the law" into this one— "The state can expropriate or requisit the land under the need of public benefits according to the law and give some compensation for the land owner's losses." Although there are only some small amendments in the Constitution about land expropriation system, the reform direction of land expropriation system, which is based on the amendments of the Constitution, has been the hot issue of the investigation and discussion in land management and academic circles.This essay tries to probe into the main problems in the actual land expropriation system through deep and systematic analysis about the history and status quo of our nation's land expropriation system. It introduces general design and concrete plan about the reform of the land expropriation system on the basis of analyzing the reasons which results in the drawbacks of the actual land expropriation system, borrowing some ideas from relative theories of systematic economics and land economics. This essay is composed of nine chapters. The one before first chapter introduces some correlated concepts and characteristics of the land expropriation system and the domestic and foreign research actualities. The first chapter is composed of research background,content, methods and significance of this essay. The second chapter reviews the reforms in the history of land expropriation system,describes the existing framework of the land expropriation system, and explains the main theories of the land expropriation system and its reforms, and gives some comments about the theories. The third chapter describes the existing problems of the land expropriation system, from three aspects: the surroundings of the system, the system itself and the execution of the system. The fouth chapter mainly analyzes the reasons which results in the existing drawbacks of the actual land expropriation system, summing up the problems...