The Research On Judicial Remedy System Of The Eompensation For Rural Land Expropriation

The aim of the article is to analyze the main problems existed in judicial remedy systems of compensation for requisitioned land in china. Also, the measures to tackle the main problems are suggested.The article uses the way of normative and empirical analysis to found out the main problems is: lacking of definite judicial remedy system for the disputes about compensation standard for land expropriation; no clear regulations for the litigable nature of the disputes about allocation of compensation fees; lacking of precise definitions about the subject qualification who enjoy the rights to allocate the land compensation; not enough and complete judicial remedy system to lost-land farmers. This paper analyzes the reasons causing above main problems. It is that the nature of some relative legal relations has no unified view. By theoretical analysis and comparative study, main conclusions are drawn as follows: Firstly, the compensation standard of land expropriation and land compensation distribution disputes should be solve by civil procedure system, meanwhile, the compensation standard of land expropriation dispute can go to the court directly; Secondly, the law should vest the Peasant subrogation action right; Thirdly, the land-confiscated Peasants have right to choose the object to advocate rights; Fourthly, the law should regulate the action of confirmation and formation.