| This article begins with the concept of the land requisition system, by introducing the fundamental theory of the land requisition system and its procession using in the construction of public infrastructure, deduces the boundary of "public interests" of this theory in our country. With regard to the right of land requisition, many governments exercise it as their inherence authority's . as a way to monopolize the social common resources, to prevent individual benefit from blocking the realization of public advantages. It is a kind of the social public authorities. The right is a peculiar authority given to the government through constitution is a restraint of the property's ownership to the relative administration people ,the right is putting into effect without taking the will of the recruited people. so long as being built on the lawful necessities of public benefits . the government can force to purchase land on a requisition basis according to corresponding procedure. Therefore having scholars call it "constitution authority ", regard as the authority under the condition that the government using property for common purpose without having agreement of the owner, "Common purpose "it is a judging standard for "constitution authority ", that means when governments use the authority of the land requisition ,it should be built on the basis of satisfying common benefits.It is clear stipulated in the Constitution and Land Law that expropriating the land of rural area owned by the collective must be based on common benefit. Land only being used for military affairs, city's infrastructure constructions or country priority projects, such as energy sources ,traffic or water conservancy, the government can apply to the above-mentioned legal provision. If it is not for common benefit needs, coercive forced of administration get involved in has no legal principle basis, because the country is setting up for common benefit. all public authority's exercising should be premise with common benefits. On the basis of respecting the individual's rights ,delimits the boundary of public interest reasonably, the induction for individuals to better realize the right of personal development, until transfers the individual right voluntarily, makes up the individual right with the public interests; disregards the existence of individual right can only bring the eliminates recklessly, and finally cause the decrease of realizing public interests.Our country implements land socialist system, the land proprietary right's main body is the country and the collective ,any unit or individual has land-use right ,but no land proprietary right, this is the most important difference between our country land system and other Western countries land system. Specifically speaking ,land requisition in our country is just the using rights transferred between country and collectives, it refers to a legal system that land ownership owned by the collective changes into all of country ,but it has to be for the needs of social benefit, according to the legal rules and procedure, under the premise of a reasonable compensation for the collective or individuals.The expropriation of land is taken form gradually with development of human society. Early phase in human developing society, the demanding for land resources was not great, land resources is relatively abundance. However ,with the multi-purpose of using land . the Rare of the land resources shows more and more obvious, society contradictions in individual benefit and common benefit are also appear more and more fierce in the land expropriation, For relieving this contradiction, ensuring common benefit, preventing individual benefit from excessive encroachment, most of the countries have set up land expropriation system, and have embodied in their legal system . such a set is called "eminent domain " in USA, "compulsory purchase " in United Kingdom, "land expropriation" in France, Germany as well as our country Taiwan area . and Japan, called it "land buying "or "land possibly collects " Hong Kong Special Administrative Region call it "government-owned land call back ". this article analyses respectively of land expropriation system of USA, United Kingdom, Japan, Korea Republic, and Singaporean . then introducing our country's land expropriates evolution and analyzing current problems and their reasons in our country's land expropriation system. since our country expropriation of land concept is misty, the expropriation of land exceeds common purpose range, leads to land eminent domain abusing, land expropriation 's procedure gravely incomplete, like the procedure for examination and approval of land requisition take too long time.After approval "two announcement one can of certificates " system can not be confirmed. The compensation fees for land expropriation is too low, that damaged the rights and interests of the recruited badly.The land expropriation deficiency obstructs the our land expropriation system 's improving and perfecting ,mainly because the current system does not suit market economy system, there is a big amount of added value benefit between the purchasing land and requisition land. The short of the effective supervision organization on land requisition, incompletion of relative legislation , and the government is in short of the concept of respecting citizen's ownership All these reasons demand us to perfect our legal system in the country infrastructure construction as soon as possible, we are obliged to correct boundary of "public good purpose " concept, cleared the standard of land expropriates, changed government's old concept . set up a notion of taking people's benefits as the main part in the administration, strengthen the government consciousness to guarantee the citizen's ownership of property; set up reasonable Procedure and increase legitimate operation transparency Establish a back-off impartial principle, broaden arranging channel for the recruited; and push forward to the reform of relevance system .The field is the most fundamental factor of country infrastructure construction condition ,it is also the material base and the foundation of the country's economic development. With the growth of restraint effect to economic is more and more enormous, people' request for the environmental quality of organism's habits is higher, but the expropriation of land being in progress because of country's infrastructure construction increases gradually also. The conflict happens between land user and the government . Since there is still no explicit law about the land requisition system in public infrastructure, academics weighs up a lot of operational self-examination and criticism at present about it, the benign of exercising and superintending system, the messenger improving this one public government authority with a view to works. System is hit by have problem and analysis of causes mainly specifically for our country land expropriation, the approach having suggested that land expropriates system in common perfect our country infrastructure construction, aims at seeking the effective way to purchase land ownership and protecting the peasants' legal rights and interests, to regulate the government, in order to gain the win-win situation between government and peasant, to promote harmonious development of the entire society. |
