Study On Right Protection System Of The Expropriated On Land Expropriation

In the trend of modernization and urbanization, land expropriation increases accordingly. Under the existing land system, in particular the lack and defectiveness of right protection system to the expropriated on land expropriation and development of the concept of the rule of law, the conflict between the administrative right over land expropriation and the legal right of the expropriated is unavoidable.Therefore, it need to reform and improve the right protection system to the expropriatedon land expropriation.Starting from introducing our current land system, land expropriation system, this Article demonstrates the shortage and defectiveness in our land expropriation system, especially in right protection system of the expropriated on land expropriation. To suit the medicine to the illness, the author traces back and analysis in detail the main reason to such issues. Therefore, standing on our existing situation, and by introducing and learning from the successful experience overseas, this Article tries to propose positive suggestions to the establishment of the systematic and diversified powerful right protection system, such as reform relevant basic working system, create the system of Public Purpose Reorganization System for land expropriation, strengthening the protection of rights of information, participation.This Article consists of five chapters, and the details of each chapter are as follows:Chapter One, gives a general overview about the protection of rights of the expropriated. By description of the key concept of land expropriation, the author fully demonstrated the theoretical basis of this Article. The Author suggests, the object to the land expropriation is the land ownership and land use right, while the land ownership including usufruct and the security interest right extended from the usufruct. Accordingly, the expropriated on land expropriation includes landowners, holder of land usufruct and holder of security interest. Protection of rights of the expropriated has some theoretically supportive basis, including land expropriation equilibrium theory of the source of power, public power and private rights and so on. At last, the chapter gives a brief introduction about the historical development of legislation on the protection of rights of the expropriated in P.R.C.Chapter Two, summarizes the current situation of right protection system of the expropriated on land expropriation and analyzes such system. By normative analysis method, and rely on the relevant provisions of the effective laws and regulations, this Chapter analyze it from the aspect of procedural rights (including the right to information, and participation rights), the substantive rights (including land development rights, the right to compensation), and the remedy rights. The author believes, it is inadequate and shortage in the right protection of the expropriated on land expropriation, and need great improvement; while on the other hand, some systems are developing and have positive side. This Article also focused on the protection of the rights of compensation for expropriated property on collective land, analyzing and sorting out the system problem inside. This Article believes there is fundamental urban-rural inequality in the housing levy.Chapter Three, analysis the preliminary causes reflected in policy and the legal system to the inadequate protection of rights for the expropriated on land expropriation. These causes includethe unclear collective land ownership system, financial problems of local government, one-sided performance evaluation system,extensive urbanization construction. The analysis and solution to the afore-said issues has a consisting and permeabilitypositive influence to the right protection of the expropriated on land expropriation.Chapter Four, learn from forein countries on the systems ofthe protection of rights of the expropriated through comparative analysis.As the typicalcountries in land expropriation, United Kingdom,United States, France andGermany have relatively mature and operational experience on right protection mechanism of land expropriation. This Article seeks to learn from these successfulexperiences, through comparative analysis, by introducing and analyzing from the aspect of protection systems for substantive rights, procedural rights and remedies.Chapter Five, is about the issue of reforming and perfecting the systems ofthe protection of rights of the expropriated. Based on solving the preliminary root to the poor protection of right of the expropriated, this Article suggests reforming the basic syetem and policy in order to indirectly promote the right protection of the expropriated, such as performance evaluation mechanism; starting from controlling and protecting measures for the purpose of right protection, creating the system of "public purpose"reorganization system for land expropriation, strengthening the protection of rights of information, participation; finally, based on the China’s current situation and learn from the advanced experience, establishing the comparatively well diversified dispute resolution mechanism.In conclusion, through discussion of the aforementioned chapters, the author intends to propose some positive suggestions to reform and perfect the right protection mechanism to the expropriated, for the purpose of strengthening the protection of the expropriated on land expropriation and balancingthe administrative right over land expropriation and the legal right of the expropriated.