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The Government’s Role in the Process of Land Collection

Author: DengLiang
Tutor: ShenKaiJu
School: Zhengzhou University
Course: Constitutional and Administrative Law
Keywords: Land expropriation The role of government Locate Dislocation
CLC: F301
Type: Master's thesis
Year: 2010
Downloads: 137
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Abstract

From ancient times, farmers as land for their lifeblood, the change of the feudal dynasties more hard times for the annexation of land into the sky. The land issue is not only the core issue of the Chinese Revolution, is also the key to the past 31 years of reform and opening up China's economy made wonders of the world. For farmers, the land is not only of production, but also Social Security's fundamental, land is the only life-support system of the society gives to farmers. China has not yet established a comprehensive social security system, so the land bears can not be replaced by any other production roles. The set \Therefore, after the 1994 tax reform, in the case of growing financial difficulties of local governments, local government from farmers in order to lower the cost of land acquisition or recovery of state-owned land use rights, and then through bidding, auction and this vicious competition for sale, so grab several times or even several times the land value-added benefits. Land premium to become the most convenient way for local governments to increase fiscal revenue. This article is based on the moment, China is in a period of social transformation of this special historical inflection point, the imposition of collective land ownership to the government and state-owned land use rights to recover as a starting point and focus research positioning of the government role in land acquisition program. This paper consists of six parts: the first part, a brief introduction of the major Western countries and China's land expropriation and requisition of the evolution of the legal system, put forward the concept of land expropriation, account of this research field that expropriation of peasants' collective ownership of land and the resumption of the use of state-owned land rights. The second part, the first to address the status quo of the current government land acquisition program, the government-led land violations and local government competing with private; followed by analysis of the role of dislocation in the land acquisition process, the Government sets the referees and athletes in one specific performance; Finally, the interpretation of the role of government dislocation caused by the local government of over-reliance on land finance, government officials, the rule of law awareness weaken, the consequences of landless peasants the marginalized and mass number of clashes. The third part of the dislocation of the role of government, First Game of the central and local land rights caused due to the driving force of the economic benefits and unreasonable performance evaluation system; followed the drawbacks of existing land expropriation legal system, that is, The state monopoly of land market, the fuzzy regulation in public interest law, lack of due process of law and illegal land the lack of accountability mechanisms. The fourth part of the re-shaping of the role of the government in the land acquisition program. Compare major Western governments role in the land acquisition program, try to reposition the role of our government in the process of land acquisition, the government land market regulators and services, strengthen supervision after land requisition approval rights and land acquisition, The peel government act as the land required land acquisition and the role of the applicant and the obligation to compensate people. The fifth part, based on a forward-looking government perspective, based on the separation of powers at a reasonable central and local trend of building service-oriented government, land management law changes as an opportunity to explore the role of government in the land acquisition process homing path. Part VI, which is a not yet completed the legal revolution, the legislators should accelerate the improvement of the system of land laws and modify existing land laws based on the development of the Basic Law of the Land \

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