The Legal Mechanism Research Of Land Expropriation In The Process Of "Village To Neighborhood"

"Village to Neighborhood" is a special way of urbanization in China. Actually, "Village to Neighborhood" lacking of legal norms has dissimilated as the starting factor of Land Expropriation. Under such mechanism series of problems has been caused and the lawful right of counterpart of Land Expropriation has been infringed. Therefore, this essay takes the basic theories of Land Expropriation and the actual case in A city SiChuan Province as the base of research and divide Land Expropriation under "Village to Neighborhood" mechanism into 2 periods, one is prior expropriation, the other is actual expropriation. Analyze the problems occurred during this two different period, and discuss the cause from the expropriation power and the Counterpart of Land Expropriation both sides, moreover take the example by experience in the developed counties, combining with the actual problem and cause, starting with the right protection of the counterpart of Land Expropriation, and reconstruct the "Village to Neighborhood" Land Expropriation mechanism.This article is made up by the introduction, text, and epilogue. In the part of introduction, the background, value, status and literature of "Village to Neighborhood" Land Expropriation mechanism has been introduced. In the first chapter, the theory of Land Expropriation has been reviewed. Combined with the case research in A city SiChuan Province, the feasibility and necessity of Land Expropriation under "Village to Neighborhood" mechanism has been analyzed, in addition the process has been divided into prior expropriation and actual expropriation two periods creatively. In the second chapter, the problems in the two periods has been analyzed, especially the analysis of prior period is completely original which has great actual value. The third chapter analyzes the main reason of the problems, and point out that dissimilation of expropriation power and the lack of counterpart right protection is the main cause. As the analysis of dissimilation based on the institution, and the analysis of right protection combined with actual expropriation, this chapter is partly original. In the forth chapter, aiming at the occurred problem and the cause, the Land Expropriation under "Village to Neighborhood" mechanism has been discussed from the right protection system and right remedy system two perspective. The epilogue emphasizes the point of essay.