Defects and Perfection of the Legal System of Rural Collective Land Expropriation in China Abstract: Land expropriation is a legal system in which the state turns the land collectively owned by farmers into state-owned land in accordance with the approval authority and procedures stipulated by law, and gives compensation to farmers collectively and individuals. Land is not only a non-renewable resource, but also the material basis for human survival, so it has always been valued by people. Then the relevant legislation as land expropriation is also extremely important, but at present, there is no special land expropriation law in China, and the current land expropriation is mainly adjusted by the Constitution, the Land Administration Law and its implementation regulations. This legislative situation is not only incompatible with the legal status of land expropriation, but also seems a bit monotonous. In addition, with the rapid development of China's economy and the acceleration of industrialization and urbanization in various places, a large number of rural land has been expropriated for non-agricultural construction, and the situation of rural collective land expropriation has become more chaotic. Therefore, there are more and more problems exposed in the process of rural collective land expropriation, and some behaviors have seriously violated the basic principles and legislative intent of land expropriation. Mainly manifested in the following aspects: such as the abuse of land expropriation rights, unreasonable compensation standards and scope in various places, irregular and undemocratic expropriation procedures, and renting to collect taxes. The existence of these problems, if not properly solved, will directly infringe on the interests of farmers and directly disrupt the planning and utilization of land resources throughout the country. Therefore, the author suggests improving from the following aspects. First of all, clearly define the difference between "land expropriation" and "land expropriation" in legislation. Secondly, the legal status of villagers' groups as landowners should be clarified. Third, strictly limit the conditions for land acquisition. Four, the rural collective land expropriation should be market-oriented, and strengthen the transformation of the government into a service-oriented function. Fifth, expand the scope of land compensation and adopt various forms of land acquisition compensation. Six, improve the land acquisition procedures, strengthen land acquisition democracy. Seven, "public interest" should be legalized. Eight, formulate a special land expropriation law. Key words: collective land expropriation, land expropriation, defects and perfection of land expropriation system is a basic legal system established by People's Republic of China (PRC) Constitution and People's Republic of China (PRC) Land and Land Management Law for public interests. ① There is no great controversy about the concept of land expropriation in the theoretical circle. In the past, it was said that land expropriation refers to the state's expropriation of land for public use in accordance with the law. (2) Some of them are also called land requisition for national construction, that is, the state uses administrative power to turn farmers' collective land into state-owned land. (3) For example, 1998 Land Management Law uses this concept. Therefore, we generally believe that land expropriation refers to a legal system in which the state turns the land collectively owned by farmers into state-owned land in accordance with the approval authority and procedures prescribed by law for the needs of social public interests, and compensates farmers collectively and individuals. As the basic factor of farmers' production and the material basis for human survival, the importance of land is self-evident. However, at present, apart from a land management law and its implementing regulations and the principled provisions of the Constitution, there is no special land expropriation law in China, which is obviously incompatible with the legal status and importance of land expropriation. In addition, with the rapid development of China's economy and the acceleration of industrialization and urbanization in various places, a large amount of land has been abused and used for non-agricultural construction under the banner of "public interest", some of which are purely commercial development for the sole purpose of obtaining corporate self-interest. These acts seriously violate the basic principles and legislative intent of land expropriation, expose more and more problems, seriously affect the development order of China's land expropriation market, and make it more urgent to issue a special land expropriation law. At present, the legal overview of land expropriation in China is socialist public ownership, that is, ownership by the whole people and collective ownership by farmers. Then, as the legal expression of land ownership, land ownership is also divided into national land ownership and collective land ownership. According to the fourth paragraph of Article 2 of China's Land Management Law, land expropriation in China can only occur between the state and the peasant collective, so the land expropriation mentioned in this paper does not include the expropriation of state-owned land use rights. In recent years, with the further improvement of China's urbanization level, land expropriation has become more and more common, and it has also become a basic legal issue in rural areas. In addition, land expropriation itself is the result of economic development and is inseparable from economic development. The more developed the economy, the higher the incidence of land expropriation, which makes the relationship between land expropriation and economic development in China more and more close and obvious. Land expropriation is very important in national economic life, but there is no special land expropriation law in China at present. At present, the land expropriation is mainly regulated by the Constitution, the Land Management Law and its implementing regulations, and the land expropriation compensation and resettlement arrangements for large and medium-sized water conservancy and hydropower projects in the State Council. At present, as long as it is for the "public interest", the state can expropriate the land collectively owned by farmers at any time. And according to the provisions of Article 25 of the Regulations for the Implementation of the Land Management Law, no unit or individual may object to the collection of such legal acts. If there is any objection to the compensation fee for land expropriation, it can only be submitted to the government for approval. However, the dispute over expropriation, compensation and resettlement will not affect the implementation of the land acquisition plan. In addition, in accordance with the provisions of article 47 of the current land management law, cultivated land is requisitioned.