Study Of The Legal System Of Land Expropriation Procedures

From the perspective of personal property, administrative acquisition can be defined as any exercise of public power, in forms of either obtaining private property or improper intervention, which has brought special detriment to private person in order to benefit the public interest. As a typical type of administrative acquisition, land acquisition generally entails the legal acquisition and usage of private land by the government for the purpose of public interest. The sharp increase of population in recent years has rendered land as a rare resource. As a result, illegal violation of private land by local governments has become frequent.As the acquisition authority is both the decision-maker and the relevant executor in the process of acquiring land, it tends to unduly enrich itself by abusing its power and acquiring land at will. To ensure the proper exercise of acquisition power, procedures which define the boundary of the acquisition authority's power, regulate its behaviours, warrant the transparency of the process and avoid any arbitrary or in-case dealings, should be adopted. This essay, focusing on the procedure of land acquisition, will analyse the relevant fundamental theories and design methods of land acquisition procedure. There are four sections in this essay, with a total word court of 40.000.Section One: introduction to the land acquisition procedure. Starting from the concept of administrative acquisition, this section examines some fundamental theories of land acquisition procedure, including the connotations of land acquisition and its procedure.Section Two: land acquisition procedures of some typical countries in the world. This section introduces and analyses the relevant land acquisition procedures in France, USA, German and Japan etc.Section Three: the current situation and problems of Chinese land acquisition procedures. This section first describes the framework of the Chinese land acquisition procedures under Land Law and City House Removing Regulation, then analyses the practical problems existing in the land acquisition process in China.Section Four: improve the land acquisition procedures in China. This section,from five aspects, puts forward some specific recommendations as to how to improve the land acquisition procedures in China: adoption of the principle of procedural fairness, partial introduction of the legislative acquisition procedure, establishment of the public purpose recognition procedure, the market value assessment of compensation system and the coercive execution of land acquisition decision.