China's Land Requisition And Countermeasures

In recent years, along with the high speed process of industrialization and urbanization, massive peasants' collective land has been expropriated for state constructive use. Because the present land expropriation policy has been formed up during the planned economy time,its inadaptability and backwardness are clearer day by day——a seriousabuse of inadapting to the economy development in the society. During the changing process of the land use from the rural areas to the city, many problems, i.e. land expropriation and peasants' arrangements and compensation, have emerged, including the excessive range of land expropriating, vague boundary of public interest, the backwardness of compensation for land expropriation, the excessive low standards of compensation, peasants got serious loss, peasants live on few things because of the improper arrangements of land expropriation, meantime, the unreasonableness of the procedure results in corruption, the lack of effective supervision and restrictive mechanisms on expropriating procedures and the main body make the land expropriation effected by man-made reasons and result in massive loss of the land in rural areas, the distribution chaos of villages' collective compensation for land use cause damage to the interests of peasants, the main body of the collective property rights is vague, the participation of the peasants is poor, the rights and interests of the peasants is vulnerable, the punishment of illegal acts is too light which causes the emergence and spread of land criminal, the absence of a reasonable relief way, land disputes are not well handled and resolved, and the land rights and interests of peasants are not effectively protected. With the acceleration of urbanization process, contradictions between the existing land expropriation policy and the market economy reality are becoming increasingly prominent. Land expropriation, arrangements and compensation have become a focus in the "Three Rural Issues".At present, China is at the stage in which industrialization and urbanization develop at speed. Lessons learned abroad demonstrate that this period is also period of a large amount of land occupied. China's basic national conditions are more people and less land, and a scarcity of land resources per person. It is a major issue which is related to the smooth process of China's modernization development, that is, properly handling the land issues in the industrialization and urbanization process, properly handling the relationship between current development and sustainable development, cherishing and making rational use of every inch of land, and avoiding irreversible historical errors committed in land issues. Currently, there are many contradictions and problems in rural land expropriation, which directly influence the life of the peasants, rural development and agricultural stability. When tracing the reasons back to their sources, it is found that they have a close relationship with the imperfection of China's land expropriation laws and regulations, the incompletement of land expropriation policy, the impropriety of supervisory and management of land expropriation, and the ineffective enforcement of land laws. Therefore, it is imperative to establish and perfect the relevant legal systems and mechanisms of land expropriation. We should learn useful experiences of land expropriation from developed countries and regions to effectively reform and perfect the relevant land expropriation system, guarantee the steady socio-economic development and social stability and prosperity in China. This will be of great and far-reaching significance to achieve the grand goal of building a comfortable society, construct a socio-harmonious society, and speed up the construction of a new socialist countryside.