Study Of Rural Land Expropriation Procedures

During the course of industrialization and urbanization, the land demand is strengthened, but now the situation of the urban stock land is deficient, the rural land increasingly become main target of new increasing land. For the constraint in peasant collective land ownership and authority of use, rural land of expropriation becomes chief approach in land size of expansion. But, the peasants' rights and interests suffer huge damages because the present legal system is imperfect and the local government manipulate illegally in drive of benefits. At present, concerning the land expropriation are heated and popular topics.There are three factors about land expropriation: the standard of public interests, the principle of procedural fairness, just compensation. But, in law of China, there are lots of defects about these factors. The just procedures are bases of entities. Actually, in the resumption of rural land the peasants' rights and interests are seriously infringed and irresistible. To prevent the expropriation authority from abusing the power of land expropriation, scientific and just procedures are indispensable. So, this thesis, focusing on the procedure of land expropriation, combining specific situation of our country and the experiences of some typical countries or territories, will analyze the relevant fundamental theories and design methods of land expropriation procedure. The writer hopes that the scientific and just procedures can define the boundary of expropriation authority power, regulate its behaviors, warrant the transparency and avoid any arbitrary or in-case dealings. Eventually, administrative power can function fairly and reasonably and the legal interests of weak peasants are protected. Besides lead-in and coda, there are four chapters in this thesis, with a total word court of 35.000.Part One: introduction about land expropriation of crucial concept. Starting from the concept of land expropriation, this part analyzes particularity about land expropriation of our country, comparing land expropriation with land requisition, land expropriation and administrative expropriation, then analyzing the concept of land expropriation procedure.Part Two: land expropriation procedure of some typical countries and territories in the world. This part combines the relevant law of land expropriation and introduces the land expropriation procedures in USA, Canada, Japan, France and Taiwan etc, comparing their characters.Part Three: commentary on the current situation of Chinese land expropriation procedures. This part first explores history of land expropriation in China, then comments the practical problems and harms existing in the land expropriation process and analyses the causes of unnaturalness. These are bases for improving the land expropriation procedures of our country.Parr Four: improve the land expropriation procedures in China. This chapter is core of thesis. Firstly, starting from the principle of procedural fairness, this part discusses legal value about land expropriation procedure. Secondly, this part, from six aspects, puts forward some specific recommendations as to how to improve the land expropriation generic procedures in China: adding the procedure of purchase on agreement, improving the procedure of pronouncement, establishing the public purpose recognition procedure, perfecting the procedure of approval and compensation, the coercive execution of land expropriation decision; constituting the simple procedure of land expropriation; improving the procedure of supervision after land expropriation and instituting extraordinary procedure of compensation; then the writer broaches some conceptions: adding supervisory routes from peasants, instituting legal proceedings of public interests, intervening in complications beforehand by juridical censorship, injecting the punitive principle of breaching the procedures. Finally, instituting professional organization about trial of rural land etc.