The Study Of Land Expropriation And Remedy In Chinese Legal System

The essence of Chinese land expropriation is the expropriation to the collective ownership of the land.The issues of Chinese land expropriation and remedy lie in:1.Abusing the method of house demolition and relocation in collective-owned land expropriation.2. Multi-government authority involved in the land expropriation, which inevitably leads to the obscure division of power and responsibility.3.The subject whose land to be expropriated forces to has incomplete rights of knowing, participation and petition.4.the imperfection of the approach concerning judicial and administrative remedy in land expropriation.The reason lies in:1. The current law defines "public interests" overly conservative, some regulations contradict to the purpose of "public interests" which combined with expropriation process.2. The imperfection of the land expropriation and remedy procedure which regulated by law.3. Local government strive for interests with citizen, which caused by the standard of collective land expropriation and remedy is lower than the standard that regulated by law with the addition of narrowness of remedy range.4.Government dominating the expropriation process without the prevention mechanism of power abuse.The expropriation and remedy of collective ownership of the land have double properties, which are administration act and civil action, the conduct of remedy for whom’s land to be expropriated shall follow the following principles:from proper remedy to complete remedy. Chinese remedy system for the expropriation of land is mainly about making the use of money and building the social security for the farmer who lost its land ownership, monetary compensation,property right exchange, monetary and land compensation with the addition of rebuild of house are all suitable approach for the remedy of house expropriation, draw a clear distinction of "public interests" by taking the advantage of law, meanwhile, leave the regulations which not defined or the existing one with dispute to the National People’s Congress or the Standing Committee of NPC. To ensure the legality of expropriation process,The authority concerned shall set up public interests investigate mechanism including expropriation proclamation system,expropriation hearing system and expropriation judicial review system. improving hearing procedure and judicial remedy procedure in the remedy of expropriation process. Mirror the legislation experience of "save extra government expenditure for people who need it", build the independent expropriation and remedy law of collective land.