Study On The Expropriation Legal System Of The Collectively-operated Construction Land

The entry of collectively-operated construction land into the market has been confirmed by the “Land Administration Law”.With the implementation of the revised“Land Administration Law”,the entry of collectively-operated construction land into the market will surely begin nationwide.However,this reform will certainly bring challenges to the current land acquisition system.With the implementation or adjustment of urban planning,the collectively-owned construction land used in the market is bound to be expropriated in the same way as state-owned construction land.The expropriation of collectively-owned construction land for market entry is special.It is very different from the traditional expropriation of collective land in terms of subject matter,expropriation procedures,expropriation methods,and compensation allocation.In order to clarify the various legal relationships in the acquisition of collectively-owned construction land,the author starts with the basic concepts of collectively-owned construction land and market acquisition,analyzes the current status of the laws and regulations on the entry and acquisition of collectively-owned construction land,and summarizes the collectively-owned construction land in the market Practice status.On this basis,it points out the problems existing in the various stages of collective land acquisition for construction.Then it studies the way of determining the subject matter in the state-owned land acquisition,and the provisions of the expropriation procedure and expropriation compensation in the advanced expropriation systems of the United States and Japan,and draws on this selectively.Finally,the problems existing in the determination of the subject of the collection subject,collection procedures,collection pricing,and compensation and distribution are finally solved,and suggestions are made for improving the system of collectively-owned construction land collection in the market.