Civil Participation In Eminent Domain Law

Since 1990s, with the speedup of Chinese urbanization, the government has been using the power of eminent domain more and more frequently, to satisfy the public need of the land and estate. However, because of the limitation of the eminent domain procedure law, especially the compulsory characteristic of the eminent domain procedure brings on too much ill impact, for example: the government abuses the power of eminent domain, not for the public interest but for the private use; the government always establishes the compensatory standard by itself, which often is unfair to people whose estates have been taken; the government often puts teeth in its decision of eminent domain, which often lead to some conflicts between the government and the citizens. Recently, mass-conflicts derived from"eminent domain"appear frequently, an authoritative data says, today 65% of mass- conflicts refer to eminent domain, so, the conflicts result from eminent domain have damaged the peace and the balance of the society.Civil participation is an essential principle of modern administration, it allows administrative counterparts and ordinary citizens to participate processes of administrative acts. The essential of civil participation would be a process of people expressing his own interest, and also of the public deciding the structure of the public power. Civil participation incarnate the spirit of administrative democracy, the interaction between the government and the public, can help to restrain abuses of the administrative power, protect peoples'right, procure administrative logos. So, if we bring in civil participation, it would help to conquer the characteristic of compulsion and unilateral of the eminent domain law, it would help to perfect the eminent domain law. Chapter one interprets and discriminates between some concepts, analyzes the meaning of civil participation, the extension of civil participation, legal significance of civil participation, and discusses about the importance of bringing civil participation in eminent domain.Chapter two introduces some western countries'experience of how to bring civil participation in eminent domain law, and then summarizes some revelations to Chinese eminent domain law reform.Chapter three bases on demonstrational analyses and legal provision analyses, researches the actuality about civil participation in Chinese eminent domain law, then finds the limitation of civil participation in the eminent domain law and the direction to perfect it.Chapter four is the most important part of my article. It talks about how to perfect our eminent domain law by bringing in civil participation, mainly focus on the improvement of the administration discloses, public hearing, negotiation system, and the security mechanism of civil participation.