Research On The Legal Procedural System Of Land Expropriation

Urbanization is an unavoidable trend in today's China. It helps to promote the growth of economic, improve the development of society and settle social problems such as unemployment. However, to urbanize, a large number of constructional lands are needed, which, nevertheless, are in a limited supply. So, to solve this problem, we have to, by means of expropriation, transfer a great deal of collectivity-owned farm lands, to state-owned construction lands.Due to various reasons, land expropriation, lack of effective legal regulation and control, has caused many farmers to be"three– without bummers", which means"without land, without job, without social security". At present, lands, being the basic living guarantee and major living source, are very essential for farmers in the vast countryside. Therefore, it is urgent for us to bring an end to the existing problems in land expropriation so as to strike a balance between the development of the city and the protection of farmers'legal rights and interests. This paper believes, to reach this goal, many measures are to be taken. But since the need of a well-sound legal procedural system on expropriation is the major reason for all these problems, it is advised that we should first of all perfect the legal system on land expropriation.The paper is divided into 6 parts, except the final annex part, the others parts'structure is as follows:The Introduction part: gives a brief account of the legal procedural index system that this paper arranges. It includes the detailed contents, the characteristics and the significance of the procedural index system..Chapter 1: gives a brief introduction to the theory of land expropriation: firstly explain its concept and major characteristics, and then cast back the historical background and developing track of our country's land expropriation system.Chapter 2: gives an objective description of the current land expropriation, covering all the major issues existing in the expropriation process.Chapters 3: makes a comparison on land expropriation legal procedural systems among other countries and discusses their use for reference to us based on China's basic conditions.The conclusion part: after analyzing the above four parts in details, tends to offer several suggestions on how to better China's legal procedural system on land expropriation.In a conclusion, the paper holds that to perfect the expropriation system, we should proceed with the legal procedural system. It includes: to regulate the administrative activities, to explore a flexible way that makes it more convenient for collectivity-owned constructional farm land to transfer in the market, to establish and perfect a democratic participation procedure in the expropriation system, especially a hearing of witness system, to emphasize the function of judicial process in land expropriation to prevent the government from acting double roles: being a player as well as a arbitrator, to give a strict definition to the"purpose of public interests"to avoid illegal expropriation activities conducted under the guise of"public interests", to rise the compensation standard, and to make good preparations for allocation of the unemployment in the expropriation.