A Study On Land Expropriation System Reform In China

With the rapid development of our country economic society and accelerating the urbanization process of the inevitable need a large amount of land used for construction,governments around the world generally adopt the method of land expropriation to meet the needs of the public construction.The current land expropriation system in China was formed in the planned economy period,played a positive role in the development of national economy at that time,but with the establishment of the socialist market economy,the existing land requisition system has exposed many defects in practice,define the land expropriation legislation and practice of public interest is not clear,the ownership is not clear,low compensation standard,land sales to issue such problems as inadequate,jeopardizing the interests of landless peasants,some places even cause tension and masses and rural mass incidents,which directly affect the rural stability and the whole social stability and harmony.Therefore,the urgent need for land expropriation system reform has become a social consensus.The concept of land expropriation system is broad,involves many aspects.In this paper,the study of land requisition system reform in o ur country,choose a small point is not in the public interest users the land of the study,in the process of writing mainly solve the following problem: is it the need or not for land requisition system reform? What is the main problem existing in the current land requisition system? The main problem how to solve? Answer to the first question is that the introduction of the background and significance.To solve the second and third question,firstly,this article has carried on the related theory analysis of land requisition system,using the theory of the socialist market economy in the analysis and the theory of property analysis of the private ownership of the right to rural land collective body which lies in the village group;By using the theory of the socialist market economy in the analysis of the market mechanism,institutional change theory and land rent theory is put forward to promote the reform of the land is not in the public interest which is as the background.Secondly,the paper back our land expropriation system combined with the current situation of the history of the change,points out the problems existing in the land requisition system and analyzes its reason.After that,the article compares with the abroad and our country Taiwan area's land expropriation system.On the basis of the current situation and experience,the article puts forward to provide products and services to differentiate the land use in the end the public interests of land use and land is not in the public interest.For the public interest in use of the land,government adopt to impose.The land-lost farmers require marketization compensation.For the land is not in the public interest,which is expropriated by the government to adopt market transaction through the factor market.In particular,the government for the land is not in the public interest expropriate the way.The requisition of land use main body which is not the government,but the specific land use unit.Government expropriated the way to ensure the participation and supervision of the government,the government in the process of land requisition main job is not directly involved in the public interest of land transactions,but the government provide a trading platform for land demanders and suppliers to t rade in the trading platform,which will ensure both parties equal status and safeguard the legitimate rights and interests of both sides.In the rural collective subject of land rights for village group which is under the condition of perfect village group management.Under the provincial people's congress(NPC)are suggested to create review committee ruling in the process of land expropriation of land resources disputes.It is necessary to propel the construction of land requisition system laws and regulations.A non-public interest land marketization reform goal pattern should be founded.