Collective Land Expropriation Legal System

Requisition of land system is an important land supervising system set up by many countries. But overseas systems are established on the premise of land privatization. As in our country, land is nationalized, our requisition of land system has its speciality, and no matter the theory of practice of the requisition of land is in chaos. So it needs to reform of law urgently.This paper try to redefine the comotation and nature of the requisition of land with the last achievement of economic and civil law, and then make a deep demonstration on the regulation of authority, objective of requisition, scope of requisition, compensation of requisition in order to reconstruct our requisition of land and perfect our relatede law.Part I : The revolution of the requisition of land system and the consideration about it. This part expound the comotation of the requisition of land system and analyze the unique characteristic and legal relation of our requisition of collective land system. This paper holds that this system is the product of the planned economy and owns the feature of high coverage and low compensation, but it still has the practical significance to exist.Part II :The theoretic analysis of the requisition of land and the legal regulation of the right of requisition. This part put emphasis on the legal essence of the requisition of land, the rationality of its intervening in the marKet and the choice of the way of regulation. The author holds that the requisition act is the economic behavior, not civil act nor administrative act.Part III: The legal regulation of several factors of collective of land system. This part discussed the related problems of scope and objective of requisition by comparison. As to the scope of requisition, we should carry out the though of protecting cultivated land and sustained development to implement the legal reform. As to the objective of ourrequisition system is not dualistic but unified. The nationalized land-use right is not included.Part IV: Research for requisition of land system. First of all, the author resolves some problems in theory, such as the character of the requisition of land, the compensation mechanism. After that, analyzing six important problems in our country's compensation system, applying the rational rules of market economy and advanced legislation experiences of other countries. The author settle the problems in requisition of land system, the six important problems are that: Low value compensation, beneficiary existing in name only, the theory of compensation cost lacking foundation, unreasonable item composition, unreasonable profit distributing mechanism, the compensation methods in chaos. At the same time, this part discusses some feasible ways to perfect our country's compensation system.Part V: Consummating legal system environment of requisition of collective land system reform. As more and more illegal trade of the collective land-use right arise nowadays, this paper try to discuss the construction of united land-use market of city and country in order to improve the application environment of the system. At last, this paper points out that to improve the social security system is the main aspect to improve the legal environment of requisition of collective land.