Research On The Legal System Of Expropriation Of Collective Commercial Construction Land

After the founding of our country’s legislation on the provisions of the local government for the construction of urbanization can impose collective land ownership and decide the amount of compensation,and the rules for the government to the way of collective land expropriation and prices have a larger free decision power,such as some of the local people’s government for the sake of urbanization development of considerations often damage the rights of the collective ownership.The Third Plenary Session of the 18 th CPC Central Committee proposed to allow rural collective land for commercial construction to be marketed on the same basis as state-owned land,with the same rights and the same price.Article 63 of the new Land Management Law puts forward a new regulation,which clearly states that as long as the land conforms to the general plan of land use,urban and rural planning and is designated as industrial,commercial and other business purposes,and has been registered according to law,the land can be identified as collective business construction land,and the right to use the land can be transferred to the market.However,if the state expropriates the ownership of the collective commercial construction land for public interests or for the purpose of building public facilities,how to expropriate,the expropriation scope,the expropriation method,the expropriation compensation standard and other aspects are different from the expropriation of ordinary agricultural land.Because its own economic value,development prospect and the initial investment of management rights are much higher than ordinary farmland,the system of farmland expropriation cannot be fully applied.For this piece of land,the "dual-track system" of expropriation and market entry will be adopted to ensure that the compensation and compensation obtained by the landless right holders shall not be far apart.In terms of the present stage,our country the current collective business construction land expropriation system is not perfect,still in the phase of trial and error and optimization,relevant regulation about collective business construction land expropriation is not detailed enough,the management of people,the interested party,adjacent party due to land expropriation related oblige losses not equivalent compensation.So in this context,it is necessary to safeguard rights and limiting government expropriated discretion two aspects further optimization of the collective construction land expropriation system for commercial purposes explicitly by a subject range and should enjoy the rights of the subject range,occurring in the process of a dispute the judicial relief way.The main body of this paper includes five parts:The first part: introduces the basic concept and characteristics of collective commercial construction land,as well as the principles that the government should abide by when expropriating collective commercial construction land.The purpose is to clarify that the expropriation of collective commercial construction land should be different from that of agricultural land in the past.The second part:the development course of China’s collective land expropriation system,to analyze the experience and lessons should be learned in the future.The third part: Introducing the legal relationship of collective business construction land expropriation.It includes the subject,object and content of expropriation of collective business construction land.The fourth part:mainly expounds the United States,Germany,France,Japan and other capitalist countries from the public interest to expropriate private land through the market price,and foreign countries can provide our experience.The fifth part:The current system defects of collective business construction collection are summarized,and corresponding remedial measures are proposed according to the corresponding theory and actual situation.