Theory On Chinese Land Expropriation System

Land acquisition in each country plays a very important role in the development.With China rapid economic development land acquisition objective comparison ofimportant changes happened before. China’s now on the land acquisition Act oflegislation, in practice and the emergence of new situations and new problems in theoperation. Constitution of China’s economic system of State-ownership andownership by the two public ownership as the mainstay, and China’s existing laws andregulations on collective ownership of land, Homestead housing, relocation andcompensation in the absence of specific details and operation of stronger legal norms,leading to the standards in rural and urban demolition compensation, compensationpolicies, compensation, and many other issues. Government illegal evictions, violencein bleeding time-poor, to the concept of administering fully implemented, in order tobuild a harmonious society, undertake a study on this issue has a double meaningbetween theory and reality.This article has four parts.Overview of part one on the system of land expropriation. In this section, thisarticle first introduces the notion of land expropriation. From the collection of concept,will be clear definition of the concept of land expropriation. The five maincharacteristics and analysis of land expropriation: in the public interest requires,coercive, unilateral expression of intention, the two sides of the main body position ofabsolute right and compensation. Through the analysis of five characteristics strictlydeterministic nature of the land. Third fraction of the main tax on land value analysis.This article from the legitimacy of land expropriation and of procedural justiceanalyzed in two ways. Through the first part of the system of land expropriationintroduced in order to achieve the objective to define the real meaning of landexpropriation.Part two focuses on research status of land requisition system in China andabroad. By representatives of the English common law, civil law countries andChina’s Taiwan region of land expropriation system brief introduction, summed uptheir character and for its analysis and evaluation, to be in the interest of learning fromexperience.Part three is intended primarily for current land expropriation system in China Exposition, including historical development, land requisition in the new situation andproblems of description and analysis. Adopted to describe the historical developmentof China’s land expropriation system, description of land requisition system in Chinain the development of the original meaning and impose a change of purpose. Presentin land expropriation in China have emerged new situations. Seeking commercialinterests through economic development, such as land expropriation for the purposesof public interest have emerged. Collectively owned land in the urban fringe areessentially part of the urban land. In the process of land expropriation, forced evictionoccur. This paper analysis, Government forced eviction rights laws but may not belegitimate. On the legal protection of private property of citizens more power. Forcedeviction is not consistent with the spirit of our Constitution as well as with legalprotection for human rights. Third fraction is intended primarily for now an analysisof the problems existing in land expropriation in order to find a solution approach.Part four main on perfecting the system of land requisition in China put forward severalproposals. For example clear nature and purpose of land acquisition, improving acquisitionprocedure, establishing justice forced building demolition system, strengthening supervisionsystem for Government removal, with a view to legal practice to solve real problems.