论我国土地征收制度-on chinas land expropriation system.docxVIP

Abstractphenomena; The land expropriation compensations weak of forceful protection, the lacks of constitution regulations to land expropriation compensations; the chaotic procedure of expropriation compensations, the complex legislation level, the low level compensations, the serious loss of farmer benefit; the land compensation payment not arriving, places not to be carried out, the farmer long-term livelihood not to be safeguarded; the weak judicial safeguard to land expropriation for the farmer rights and interests and so on.The main reason of these problems is the land collective systems arrangement, on one hand this design causes main body of the collective land property right not to be clear, directly causes the lack of legal basis the farmer’s demand for surplus after the collective land expropriation, also has caused the confusion of the collective surplus demanded; On the other hand, as the same with state-owned enterprises, the land collective also has the question of lack of main body. Moreover the government expropriation still is the only and must method that collective land use transfers intothe non- agricultural construction ，which cause the land market malfunction ,and theprice was unable decided by the market but completely the government monopoly, which is the basic reason of he problems of land expropriation process. The vacancy of legal surveillance system becomes the immediate cause of the questions. the authority of the government can not be under the effective restriction.The fourth part the evaluation to our new Laws of Reality and the consummation of our land expropriation system. The conception This part firstly analyses the regulations about expropriation system in Laws of Reality , then proposes conceptions to consummate our expropriation system: First, to clear the connotation and extension about the public interest; Next, to consummate land expropriation procedure, especially to introduces the hearing procedure; then ,from three aspec