Research On Rights Protection Of Condemnee During Land Expropriation

The dissertation is based on such a fundamental proposition that strengthening the rights protection of condemnee requirements no commercialization of power of eminent domain.To prove for this proposition, deductive framework is used.Firstly, the kinds of rights need protected is discussed. Secondly, on the basis of historical changes of the rights protection of condemnee, a brief analysis of the progress is given on the rights protection of condemnee, and seriously studying is done about the defects of the rights protection of condemnee.Thirdly, put forward and argue for the view that the deep-rooted reason of which the rights of condemnee lack of protection is the commercialization of the power of eminent domain. Fourthly, raise and argue for the necessity and practicability of the commercialization of the power of eminent domain. Lastly, improve mental countermeasures about specific system for strengthening the rights protection of condemnee is discussed.Now, there are different views about the reason why the right to compensation of condemnee is lack of protection. Some people argue for that the reason is that the property right of condemnee is unclear. Another people think that the reason is that the land of condemnee can’t go into market. Someone else think that the reason is that there is existence of deficiencies about the procedure. Others think that the reason is that the government can unilaterally decide price for compensation. In fact, these reasons are one of the direct reasons to the right to compensation of condemnee lack of protection, which are not mutually conflicts; however, these causes are not deep-rooted causes that lead to the right to compensation of condemnee lack of protection. Deep-rooted reason that causes the right to compensation of condemnee lack of protection is the commercialization of the power of eminent domain. So-called commercialization of the power of eminent domain means the phenomenon that the condemner can get economic interests through the exercising of the power of eminent domain. At present, in our country, the commercialization of the power of eminent domain means the phenomenon that the government can seize huge value-added income from land through the progress of buying land at low price from condemnee but selling land at high price to another. In order to achieve the operation of the commercialization of the power of eminent domain, the property rights must be unclear; the right of condemnee must be lack of protection. And the collective land can’t freely flow to find a market price, so the price for compensation couldn’t be given in accordance with the market price.Of course, rules of procedure can’t be made to tie the hands of local government, lest it hinder in the exercising of the power of eminent domain, so there are a large number of illegal acts. The commercialization of the power of eminent domain is not only the reason to the right to compensation of condemnee lack of protection, but also the reason to the another right of condemnee lack of protection.The commercialization of the power of eminent domain is the result of the pressure on rapid development interaction with the shortage of construction funds. The commercialization of the power of eminent domain has the ideological and social foundation. On the one hand, country lack of protection consciousness about property rights of land, which provides the foundation for the formulation of the policy of expropriating land at low price. On the other hand, peasant lack of protection consciousness about property rights of land, which provides the foundation for the implement by country of the policy of expropriating land at low price. Right to compensation interconnected with social security right provides social foundation for the commercialization of the power of eminent domain.However, to strengthen the rights protection of condemnee, the power of expropriation must be noncommercialization.The noncommercialization of power of eminent domain means that condemner must provide compensation in accordance with the market value of the land, can’t seek economic interests through exercising of the power of eminent domain, nor can make a profit by way of expropriating land at low price. In contrast, the no commercialization of power of eminent domain only means that condemner can compulsorily allocate land resources when the market failure in order to meet the needs of the public interest. Because the nature of the power of eminent domain is that it is the public power, must be respect for property during the exercising progress and is only power for allocation of land resources, so it demand that itself must be no commercialization. The social needs also require the no commercialization of the power of eminent domain, which is transformation of economic development and narrowing the gap between rich and poor, to resolve social disputes, and promote China’s urbanization. At present, the foundations are laid for the no commercialization of the power of eminent domain, which are the establishment of socialist market economic system, increases of rural land property rights protection awareness, the transformation of government functions and the state can mobilizing construction funds after the no commercialization of the power of eminent domain.The Value of land expropriation law should be as much as possible to protect the rights of expropriation according to China’s national conditions after the no commercialization of the power of eminent domain. To do this, we need to perfect the system of the rights protection of condemnee of land expropriation law. Fully protecting condemnee’s right to know, completely protecting condemnee’s right of participation, properly protecting condemnee’s right of disposition, justly protecting condemnee’s right to compensation and effectively protecting condemnee’s right of relief.