Defect And Improvement Of Due Process Of Law For Agricultural Land Acquisition

There is a great demand for agricultural land with the development of economy and promotion of urbanization.So it is inevitable that agricultural land be levied to satisfy the needs for economical and social development, which makes China as a country that levied land frequently. However, the lack of a comprehensive and scientific system regulates levying agricultural land effectively induces a great number of land disputes . The arrangement of current law and legislation of China is complicated, disordered, irrational and poor operated. Considering our current condition in the procedure of levying agricultural land , there is some theoretical value and practical significance to some extent for us to proceed in a further and systematical research. Taking the present due process of law of our agricultural land acquisition system as the researching objection and on the basis of analysis for our present law and legislation of procedure, this paper points out the main problems existing in, explores its reason and finds out its defect stem for due process of law while on the basis of other countries' mature legislation. This paper also makes some suggestions for the reform and improvement of our country's due process of law agricultural land acquisition.Except introduction and conclusion ,this paper can be divided into four parts:The first chapter demonstrates the basis theory about procedure of land acquisition. This chapter starts with introduction about basic conception of procedure and then limits the theory about the conception of land acquisition procedure, which laid the conceptual foundation for this article, meanwhile, explicitly states theoretical basis for procedure of land acquisition law—principle of due process of law: firstly, it introduce the origination and development of the principle of due process of law, then demonstrates its value ,basical requirement and systematic securities explicitly, in the end, analyze the necessity when we apply the principle of due process of law with administration.The second chapter analyzes legal issues about our country's procedures of land acquisition systematically. In this part, common procedure about our land acquisition were introduced, then point out some main problems in present procedure system and made researches on this reason, meanwhile states theoretical origination for which the defect of principle of due process of law.The third chapter, legislated procedure rules about land acquisition in several typical countries and regions were concluded and compared then standout some referential points on our due process of law system about land acquisition to make great progress.The fourth chapter mainly puts forward some suggestions for completing our country's procedural legal system about agricultural land acquisition applying the principle of due process of law. Firstly, it is expressed that principle of due process of law must be insisted to improve procedure of land acquisition, then a serial of suggestion were discussed to improve our country's due process of law system about agricultural land acquisition on terms of several procedures such as announcement, inquiry, recognition of beneficial aim, compensation and succor.