Research On Rural Land Acquisition Procedure

With the rapid development of industrialization and urbanization in China, the limited state-owned land resources are more increasingly scarce. When the state-owned land can not meet the practical needs, rural lands become the substitution. The state collects rural land must obey following principles: for public purpose, complying with proper legal procedure, fair compensating for people who are expropriated land rights, it features the legitimacy, legality, legitimacy. Currently, because of the lack of rural land acquisition procedures and ineffective operation, leads to a lot of social conflicts and corruption in rural areas during the process of land acquisition, such as shortage of people's legitimate rights and interests, out of control of the governments'rights for land acquisition in rural areas. Such problems have been hot issues among the party, government and social public sections.After a long consideration, this article intends to put procedures as a starting point. On the basis of using other countries'or regions'excellent experience, this article briefly analyzes the current laws and regulations about rural land acquisition procedures, and provides for some suggestions how to improve our current rural land expropriation procedures. Though scientific and reasonable procedures to meet our purposes: to restrict the power of the authorities, to further enhance the openness and transparency, to convince the people who have rural land acquisition and to provide effectively legal protection for the people who are still in a relatively weak position of interest in the land expropriated process.This paper adopts some research approaches, such as: comparative analysis, literature review, the value function and other research methods, illustrates the regular concept on the land acquisition, introduces some successful experience in some excellent countries'or regions'land acquisition, and analyzes current legal requirements imposed on rural land in China and points out its shortage. The author proposes to perfect the current rural land acquisition proposals on the procedures and countermeasures in last part of the article. This paper contains a total of over 20,000 words and is divided into four major parts.The first part interprets the related concepts of the rural land acquisition, the specific content includes the following: First, the definition of rural land acquisition, it covers the general meaning of the land acquisition and its characteristics, and its counterparts in China and giving a distinct differential between the meaning of rural land acquisition and rural land acquisition administratively; Second, the definition of procedures in Chinese rural land acquisition, which gives a clear explanation to it; Finally, it introduces the law function of rural land acquisition procedures, points out the legal meaning should play in the rural land acquisition procedures.The second part studies legislation of the land acquisition procedures in the typical countries and regions which mainly involve France, Canada, Japan, Taiwan, and gives a comprehensive analysis to inspire perfecting Chinese rural land acquisition procedures.The third part is the key point of this article. This section describes the existing laws about Chinese rural land acquisition. It is broadly divided into followings: the transfer of agricultural land approval and land acquisition approval; land acquisition announcement and compensating registration; announcement of the compensating resettlement and adjudication of compensating resettlement's disputes. Then pointed out the disadvantages of rural land acquisition procedures, and a brief analysis of there reasons, so it will be a useful foreshadowing to put forward a sound strategies for procedures of rural land acquisition.The fourth part is the most important place in the whole article that reconstructs the law procedures of rural land acquisition. Firstly, guiding the principles of due process; followed by the establishment of "public interest" of the confirmation process; thirdly, establishing and improving the announcement system to protect the people are informed, more importantly to establish the market evaluation mechanisms about the related to resettlement and compensation caused by loss of rural land; Finally, to build a complete relief system to protect the legitimate rights and interests of the people strongly and effectively who are levied on agricultural land.