Research On The Issues And Preventive Measures Of Land Acquisition In China

There are three core problems that this paper aims to solve:firstly, to make scientific localization of government in land acquisition; secondly, to rationally define the intension and extension of public advantages; thirdly, to seek for a long-term protection system which can meet the nation’s needs without damaging peasants’interests. Industrial revolution promotes urbanization worldwide and expands the demand for land, thus there comes researches for land requisition. After China’s reform and opening up, industrialization and urbanization have developed rapidly, the demand for land is also in a vigorous period. A large number of rural collective lands and peasants’contracted lands have been requisitioned for country and enterprise’s construction land.The significance of this paper:Firstly, it contributes to virtuous development and rational utilization of land acquisition and helps to establish the conception of land economy. China has a large population and relatively less land, per cultivated area is lower than the world’s average. With the improvement of living standard, people live longer, so the population grows unceasingly and urbanization is in a fast pace. As a result, the demands of land become larger while per cultivated area become smaller. However, land is a gift of nature and is a kind of non-renewable scarce resource. Along with the movement of land acquisition, using land resources rationally, economically and effectively is in need of urgent attention. Secondly, it helps to solve the security problem of land-lost peasants and coordinate the conflicts between public interests and personal interests. Land acquisition usually harms personal interests under the veil of "public interests". This is the most criticism in land acquisition. When the so called "public interests" continuously harms personal interests, it is time to find system deficiencies in relevant land laws, to decrease the occurrence of citizen rights infringed by power and to find a balance point. Thirdly, it helps to prevent impoverished peasants problems. The inevitable course to become a developed country is urbanization. To achieve modernization of the country, main national economy must changed from agricultural economy mode to industrial and service economy mode. Industrialization and urbanization is inevitable. But this development takes lots of land, which will cause problems of land-lost peasants’employment and commendation. Whether the treatment is appropriate or not concerns the urbanization process and social equity. Therefore, the research of land acquisition is of great significance in preventing the appearance of impoverished peasant class. Fourthly, it helps legal construction of harmonious society. Legal construction in China only passes then years and legal consciousness is still weak among people. Especially in the period of social transition, specified rules and regulations are carried out for local sectors’interests and some of them may contradict the existing laws. To thoroughly solve various problems occurring in land acquisition, adjustments must be made in relevant laws. Fifthly, it is conducive to the application of social idea "people first" in actual practice. People are the most precious treasure in society, but the infringement of citizens’rights in land acquisition is a waste of this treasure. Abuse of public rights shows that in some governments "people first" is but a slogan. How to use power legally and rationally in land acquisition is undoubtedly a great advance for cultivating "people first" social idea.The problems existing in land acquisition in China, such as how to requisite land, how to use it and how to do the compensation, etc. is a painful process that the world have gone through. Different national conditions, stages need different solutions with both success and failure. China’s current land acquisition system was basically setup in the planned economy era. The shift from agricultural land to urban land results in a large number of land acquisition and peasants’resettlement problems. It is mainly because of there is no clear definition of public interests, the scope of land requisition is too broad, the compensation standard is too low, procedure is unreasonable, etc. all of this seriously harm the interests of peasants and result in land loss.The defects of land acquisition system:Firstly, the power and responsibility of land acquisition is unclear, there is so many cases of power abuse. Almost all projects of requisite collective land or turn agricultural land into non-farming construction land can be related to national land acquisition right, but nobody knows whether it really has the right. Secondly, the majority of land-lost peasants can not even make basic living. Thirdly, land acquisition causes a lot of social problems. Petitioning and economic disputes increase, deficient system brings up lots of corrupt officials. Fourthly, the procedure of land acquisition is not transparent. Peasants lose their lands unwittingly without proper compensation and that causes their follow-up life being miserable.The reasons for these problems can be summarized that rural property rights system is unreasonable and deep-seated social system is deficient. In the result, collective property rights subject is obscure, participation of peasants is poor, the allocation of land compensation is disordered, land disputes can not be solved appropriately, there is no reasonable relief means and peasants’ land can not be protected effectively.Countermeasures and suggestions:1.define the scope of "public interests";2. establish a system of land-relevant laws and regulations;3. standardize the procedure of land acquisition;4. construct a compensation mechanism of land acquisition;5. perform the surveillance function of land planning;6. improve the social insurance system of peasant;7. build a system to solve the disputes in land acquisition.