Legislative Studies On Rural Collective Land Expropriation In China

The current system of land expropriation evolved from the period of the planned economy. Some parts of this system still carry the imprint of the "planned economy". The system is unable to give adequate protection to the rights and interests of peasants whose land has been expropriated. Although the government has paid increasing attention on protecting rights and interests of peasants, the basic system falls fails since the regular violation of regulations can not be eliminated. Land enclosure and power rent-seeking have done great harm to people's livelihoods. The third plenary session of the Seventeenth Central Committee of the Chinese Communist Party pointed out:"we must effectively guarantee the well-being of the people. We must always make sure that the aim and outcome of all the work of the Party and the state is to realize, safeguard and expand the fundamental interest of the overwhelming majority of the peasants."This is not only the principle of the reform on land expropriation system, but also our guide throughout our academic research. Therefore, the aim of this thesis is to analyze the major question in the land expropriation system, and to offer some advice that might protect the rights of peasants.On the research methods, the thesis uses the historical method, the comparative method, the value analysis method and the positive analysis method. The thesis also incorporates a comparative analysis by assimilating the mature experience of other countries and areas, and it hopes it can give some good advice to the reform on the current land expropriation system.In this thesis, the main research results are as follows:First, the thesis claims four principles on land expropriation legislation:to cherish and give a rational use to the land and to properly protect cultivated land;to protect peasants' rights;to uphold the principles of impartial compensation;to guarantee the peasants' long-term livelihood. Second, on the issue of the delimitation of public interests, the thesis claims that a comprehensive approach should be adopted. To list public interests one by one in the right side, and to exclude the obvious objection. Then a public interest confirmation procedure should be built up.Third, on the land compensation, the principle of "same land same price" should be considered in legislation, that means the integrated price in a section demarcated for land expropriation should be used. On the distribution of land compensation fees, a clear distribution proportion should be established. Fourth, on the procedure of land expropriation, a supervisory mechanism should be introduced into hearings, and an efficient and low-cost coordination-arbitration mechanism should be constructed.