Study Of Land Expropriation Legal System

In the world, many countries formulate the legislation of the land acquisition system. The land acquisition power is a symbol of the highest sovereignty, on the other hand the land acquisition system promotes the development of economy, play an important role in social stability and prosperity. Land acquisition system also have the same efficiency in China, in process of economic development and Chinese urbanization, play an invaluable role and become one of the major driving forces of social development. However, when we construct the land acquisition system we don't take full account of public benefit and the rational allocation of land legal relationship and the parties to effectively balance the interests, especially safeguarding the interests of farmers and security. Resulting in practice, the case infringing farmers have frequently occurred so that land acquisition has been an important mean of local government revenue increased. Due to the neglect of the public interest considerations and a serious departure from the concept of social justice, economic development impetus of the land acquisition system gradually weakened, in which farmers become completely a new source of poverty groups. But farmers account for the vast majority of our population, facing the weak farmers in the modern system of land acquisition process, we should particularly emphasize on protection in the legal system. We regard a theory of social justice as values of the land acquisition system, which is not only conducive to the realization of the historical mission of the State to strengthen the protection of the law rights and interests of farmers as well as rights to future development. Based on this theory, the writer hope to discuss general theory of the land acquisition system, analyze rationally of its deficiencies, obtain necessity of restructuring values of the land acquisition system, and employ the theory of social justice as its critical values. This article summarizes all kinds of theories of social justice, and on this basis obtains the social justice theory system suited to Chinese land acquisition system, and in the theory guidance, re-establishes our land acquisition system.This article is divided into four parts:Part 1: Analyzing existing land acquisition system. The part discusses the general principles of the land acquisition system and our current land acquisition...