The Study On Government's Actions And Functions Positioning During The Process Of Land Expropriation In China

The current imperfect system of land expropriation in China makes its practice disorder and many problems constantly appear. Some local governments even ignore the laws and regulations when they expropriate land.The land problem has caused a range of socio-economic problems, thus affecting the social stability. Therefore, it is necessary to study the current land expropriation system. Ideological understanding, legal system, organization system and economic factors are all the reasons of problem of land expropriation. However, the essential reason is that in the process of land expropriation, the governments can't understand their function clearly, and they don't know what should do and should not do, thus their behavior is often improper and the illegalities occur. Therefore, it is very important to regular the government behavior and to define the government functions in the process of land expropriation. Considering contradictions and questions of land system and policy, this paper use public choice theory and relevant government function theory to systematically analysis government behavior in the process of land expropriation. Embarking from the motive of government's administration behavior, this paper analyzes government's improper behavior and inquires into the deep-seated system cause in the process of land expropriation. And base on this, the paper limits the government function and point out that under the current situation, the government's function mainly has five aspects in the process of land expropriation:First, formulates and consummates the related legal policy, regulates and innovates land expropriation system, perfects market transaction rules and guarantees each process can have legal support. Second, as land expropriation policy-maker, according to the need of the economy development and taking the national agrarian policy as the basis, the government should make the decision about the land expropriation to promote the rational flow of land resources and optimization and make sure it is used reasonably. Simultaneously the government should strengthens the policy guidance, fulfills the function of uniform planning. Third, the government should maintenances the society stability, fulfills the function of society service and public management, provides the public product and service effectively, maintains the land expropriation order and carries on the macroscopic management and regulation to the land resource. Fourth, the government should exert the subject position in the process of land expropriation to make sure that smoothly transformation from collective land to state-owned land, meanwhile changes the present government situation as a land operator, makes it known that they just the main body of land expropriation but not the main body of market transaction. Fifth, as a regulator of the land market, the government should supervise that the land resource used reasonably, validly and the benefit relations assignment, at the same time the government should penalize illegal actions and protect the country and people's benefit. At last, the paper proposes some useful advice in perfecting the system of land expropriation. It is hoped that this paper can be useful in controlling the illegal behavior of land management.