| The Constitution and laws of China (made by NPC and the Standing Committee of NPC) stipulates clearly that the expropriation of land should be based on the need of public interest, but in practice, the expropriation of land is sometimes implemented for a non-public purpose. Thus the land expropriation system has been alienated to resolve the practical problem of meeting the land demand due to the development of cities and industries. This alienation stems from the characteristic land system and construction land use system in China. The Regulations on the Administration of the Demolition and Removal of Urban Houses demonstrates the alienation of land expropriation system in China, which has induced several social problems. The Regulations on the Expropriation of Houses on State-owned Land and Compensation Therefore has been issued by the State Council to reconstruct the system of land expropriation. However, it has its own defects and limitations, and many obstacles will be encountered in the process of its carrying out. To make the new system of land expropriation function well, we should not only reform the current construction land use system, but also take measures to satisfy the land demand for non-public interest.To meet the land demand for non-public interest, negotiation between two parties can certainly be used. But under certain special circumstances, voting by the related residents is also an alternative way and it is avail to reduce the cost and risk of the transaction. The theory that the majority's interest is superior to the interest of the minority lays the foundation of this way. Although majority decision can justify the collective interest of the related residents, the abuse of the majority decision should also be avoided. |
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