Our Country Land Expropriation Procedures Research

With the rapid development of economy, society, urbanization has become an irreversible trend of development. But, the urbanization is need lots of land for construction purposes as substance support. Because of the urban construction land reserves limited, world widely adopted the means to obtain land expropriation of public construction land, our country is no exception.China's current land expropriation system formed in planned economy period. In recent years, the rapid development of economic construction and the advancement of urbanization, the original system in practice exposed serious defects, triggered by land expropriation conflict abnormal sharp:the area of cultivated land mass decrease waste of land resources, amazing; Farmers'legal rights is limited, deprivation; Government organs, land unit and be levied the conflict between farmer collective, constantly. These contradictions seriously affects economic orderly development and social harmony and stability, solve land expropriation is imminent.At present, the substantive law of land expropriation in academic research, and a lot less attention to problem collection process. In order to regulate the behavior of land expropriation, the balance between the state, collective and individual interests of land expropriation and fair, increase the rationality. This paper will take the land expropriation procedures for research object, trying to expose our country land expropriation procedures, and the problems in the reason analysis is proposed, based on improving our land expropriation procedures Suggestions on it. This paper is divided into three parts, about 3 million words.The first part of this paper introduces the process of land expropriation in China present situation and the existing problems. China is not yet a land expropriation procedures for the special laws regulating legal norms, and the current land expropriation procedures prescribed in rule are too, sweeping, lack of maneuverability. Moreover, the process of land expropriation in theory, legislation and practice and other aspects, there are many problems, especially the practice level have a lot of problems, such as the lack of public interest confirmation process, the program was imposed the participation of insufficient, compensation plan the formation mechanism of the unreasonable, lack of the land requisitioned the judicial relief program, lack of supervision and procedures, etc.The second part of our country's land expropriation procedures and the analysis of existing problems. This paper mainly from the thought consciousness, theoretical conventions, system, practice and artificial aspects of problems existing in the process of land expropriation is analyzed and explored.The third part mainly to perfect our country land expropriation procedures are proposed. In view of the above question, put forward the following Suggestions: perfecting the legislation process of land expropriation of land expropriation in standards, perfect application, examination and approval procedures, participation procedures, land expropriation compensation program, strict enforcement procedures, improve land tax relief program, strengthen the oversight procedures of land expropriation.