Study On Legal Mechanism Of Solution For Disputes Of Land Expropriation In China

Currently China is experiencing a rapid developed period, many social contradictions and disputes come out. If these problems are not properly resolved, the whole society's harmony and stableness will be affected. From the width and depth of the present disputes, the disputes arise from land expropriation take a great proportion of them. However, regulations in the current legal system regarding to the land expropriation in China cover less than needed. Administrative remedy covers such small area that it only apply to those disputes arising from land expropriation compensation, while there is no regulations regarding to disputes of land expropriation, so judicial relief can hardly play a role in this field. In practice, China mainly depends on extra-judicial devices such as letters and visits from the people to solve the disputes related to land expropriation. This however not only menaces the authority of legal mechanism of solving disputes, but also lower the efficiency and increase the cost. Under such background, this thesis first makes analysis of various disputes arising from land expropriation, and classified some basic type of disputes. Then study the causes of these disputes, and make a solid foundation of solving the problems in a scientific way. Secondly, make a clear picture of China's present land expropriation disputes solving mechanism; recollect the deficiency in it, trying to perfect the mechanism. Third, the thesis adopt a comparative study approach, make analysis of the land expropriation disputes solving mechanism of UAS, United Kingdom, France, Japan and Taiwan, summarize their advanced legislative experience of this area, and further propose a blueprint of our country's land expropriation disputes solving mechanism. In order to perfect our mechanism, we should: first, put emphasis on Administrative remedy, and makes it a Lead program. Only on the condition that Administrative remedy ends that judicial relief would take effect. This for one hand can enhance the efficiency of disputes solving process, on the other hand, it is unrealistic for all the disputes pour into judicial authority, it is a waste of judicial resources. Secondly, perfect Chinese judicial relief mechanism. Put the judicial relief as the final device of solving the disputes related to land expropriation, enhance the fairness of solving the disputes. Lastly, letters and visits from the people as a principle way of solving the disputes arising from land expropriation has too many problems in practice, It affect the legal rights of litigant, menace the authority of law, so the status should be changed. China's land expropriation disputes solving mechanism should turn back to the legal path.