The 1982 amendments to the constitution about land -- how does everyone lost due to land

1982 on landAmendment to the Constitution-- how does everyone lost due to land

 

Land is an important non renewable precious natural resources. The state of public ownership of land, it is an important part of our socialist public ownership of the means of production. Article tenth the first paragraph, second paragraph, "city of the land belongs to the state." "Land in rural areas and the outskirts of the city, as stipulated by relevant laws other than those owned by the state, all belonging to the collective; house sites and private plots, remain mountain oneself, also belong to the collective." According to the provisions of the constitution, the land public ownership in two forms, one is owned by the state, the two is the collective. City urban land belongs to the state that is owned by the whole people. With the continuous development of the cause of socialist construction, city as the political, economic and cultural center, has a prominent role in national and social life. Various forms of land use in the city is very important and valuable. Therefore, the city's land belongs to the state. In the suburbs of rural and city, the land is the main means of production in agriculture, is an important material foundation of rural collective ownership by the working people. In order to promote the development of various undertakings in rural areas, rural and suburb of city workers legitimate rights and interests of rural and city, suburban land in addition to legal provisions other than those owned by the state, shall belong to the collective. House sites and private plots, hilly, although used by individual farmers, but also belong to the collective ownership of farmers.
The constitution of 1982 tenth paragraph third: "countries in need of public interest, may requisition land for its use in accordance with the law." The constitutional amendment to this provision is amended as: "the state in the public interest needs, can expropriate the land and give compensation in accordance with the law." This amendment, the main considerations are: expropriation and requisition both have in common, but also have different place. Common ground is, is in the public interest, must go through the statutory procedures, will be compensated according to law. The difference lies in the collection, mainly is the ownership change, only the right to use change requisition. Article third the tenth about land expropriation provisions, and according to the provisions of the land management law, did not distinguish between the two different conditions, referred to as the "expropriation". From the actual content, land management law stipulates that the rural collective land into state-owned land, is essentially a collection; also stipulates the temporary land use situation, is essentially a requisition. In order to rationalize the market economy under the conditions of the collection, expropriation and the occurrence of different property relations, distinguish between expropriation and requisition two different situations is necessary.
The constitution of 1982 tenth paragraph fourth: "no organization or individual may encroach upon, the sale, lease or other forms of illegal transfer of land." With the reform and opening up and economic construction continues to advance, the reform of land use system, the rational use of land, land transfer, is the adjustment of national economic structure, promote the objective need for resource optimization. To meet this need, to amend the Constitution in 1988, this paragraph is amended as: "no organization or individual may encroach upon, the sale or other forms of illegal transfer of land. The right to the use of land may be transferred according to law." Separate the ownership and use right of land, the right to the use of land may be transferred according to law, to promote the rational use of land resources. Land management law, the city real estate management law of land use rights transfer scope and procedures made specific provisions.
The land is very precious resource, all organizations and individuals using land must be rational utilization of land. Land management law third stipulation: "treasure, the rational use of land and effective protection of cultivated land is a basic policy of our country. The people's governments at various levels shall take measures, overall planning, strict management, protecting and developing land resources, to stop the illegal occupation of land."