Discussion on the Land Expropriation Legal System for Resuming the Land Use Rights with Resort to Compulsion

Compulsory resumption of the state-owned land use rights due to public interests is actually the expropriation of land usufructuary right,however,it is beyond the law of land expropriation for a long period.This paper argues that as regards the object of collection,Real Right of the People's Republic of China is limited to the real estate ownership.Regulation on of Houses on State-owned and Compensation also regards resumption of the state-owned land use rights as byproduct of expropriation of houses.Neither of them is conducive to standardizing the behavior of compulsory resumption of the land use rights.In response to this,the paper offers that when amending Land Management Law,as well as working out Expropriation Law dependable collection status must be established for compulsory resumption of land use rights due to public interests;bringing land usufructuary right,such as the rights of land use for construction,into the land expropriation legal system.