중국 토지수용제도의 현황과 개선방안

Abstract

National methods of land recovery can be distinguished between land expropriation and land-use in China. This paper focuses on the investigation of land expropriation. Land expropriation means that the government expropriate the land of rural collective economy organization and compensate them properly by law for the public interest according to the legal proceedings. It has the following characteristics, such as the uniqueness of the subject, transfer of ownership, public welfare, legality, compensation, compulsion, etc. In addition, the implementation of land expropriation must go through procedures such as preparation, examination, announcement ，registration, compensation, resettlement, and so on. With the social development and urbanization, land expropriation system presents the state of chaos such as the shortcomings in legislation, statutory standard and the method. Consequently, the problem of dissension about land expropriation can’t be solved radically. As mentioned above, the shortcomings in the standard about the public interest, in addition, the procedures, the remedies, the compensation and the supervision system also has some disadvantages. The key to solving these problems is identify the standard and ancillary legislation. Firstly， in order to resolve the dispute, impose restrictions on governmental power and strengthen the legislation to guarantee the Rights of Peasants. Furthermore, give a definition of the standard about the public interest by land expropriation, expound the review process to the public. It is also important to supplement the deficiency about the procedures of land expropriation system, the compensation and the supervision system, so that the system is completed and standardized.