| Land levy is the strongest means of public law about regulating contradiction between private or collective land proprietary rights and societal public interests, and it has important effect on societal economic life as well as private or collective property rights, and all countries in the world set up legal system of land levy. Because our country carry out socialist public ownership of land, the land levy is a kind of administrative behaviour in China, that is, country compulsorily obtains collective land proprietary rights and give definite compensation for public interests. With establishment and improvement of market-oriented economy in China, the legal system of land levy following planned economy structure has not adapted to the needs of market-oriented economy structure, so it touched off a lot of practical questions and it has to be reformed imminently. Firstly the article introduces and analyses the basic theory of land levy, that includes concept, legal principle base and law characteristic; then I investigate Chinese land levy historically, summarize historical lessons, draw experiences from others, put forward present principal questions and analyse their causes of formation; lastly I advance conceptions and forecasts of Chinese new type of legal system of land levy, and I explain in detail from scientific principle of land levy, reformational principal measures and operation ways. I put forward some new ideas in the article, that is, I go deep into concept of land levy and give a scientific definition;on the base of contrast of ancient and modern, Chinese and foreign land levy, I deeply analyse the causes of formation of present questions; the most important is that I advance concrete reformational measures. I think that we must base ourself upon national conditions, innovate ideas and draw experiences. Legality of free transaction of usage right collective land, strict normal usage the right of land levy and rational compensation are reformational key factors. |
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