중국농촌집단토지수용(徵收)제도에 관한 연구

Abstract

The land tenure of China practices socialism public-owned system, which includes two types of civil-ownership system and peasantry- collectivitysystem. As a legal representation of land tenure, the proprietorshipof land also has two types of national land proprietorship and collective land proprietorship. The confiscationto land is a displacement of proprietorship occurs between state and peasantry-collectivity, namely for the need of public interests, state makes peasantry-collective land proprietorship displaced by national land proprietorship, according to legal sanction popedom and procedure, also after compensation to peasantry-collectivity and individuals. The article ten of the constitution of the People's Republic of China regulates that for the public interests, state has the power of confiscation to land according to law. That is the basis of constitutionto confiscate land in our country. The following paper starts with the concept and character of land-confiscation system in China, and probes curtly into the principles that the land- confiscation system should keep to, the issue of compensation to allocation, as well as the legal matters existing in land-confiscation system in China nowadays.