The Analysis of the Ownership of Collective Land of the Property Law:From a view of land taking

Land expropriation is an important part of the Property Law. In our country, land expropriation is a depriving of the ownership of collective land, but we cannot reach a clear the ownership subject, the problem such as both the ownership of collective land and the ownership of universal land are not equal, etc. All these problems are not resolved by the Property Law, this is useless for the protecting the rights of collective organization and its members. So it is necessary to clarify the ownership of the collective land are owned by all the members, but it must conjoint with the membership system, to make sure that the rights of the collective and the rights of the individual are mutual complementary, to ensure the public nature of the land. The design of the land expropriation system should be based on the equality between the ownership of the country and the ownership of the collective, based on general adoption of the market principle, the establishment of transfer-mechanism ownership of collective land, the spirit of contract, adds to a perfect judicial review system of the land taking, to make sure land expropriation system is a proper sue.