Building Land Expropriation Dispute Resolution Mechanism

Land expropriation is the country for the public interest, by virtue of theexecutive power through legal procedures, force all of the land of the rural collectiveeconomy into state-owned land and compensation for farmers placed particulargovernment action. Confusion in the practice of land acquisition, land acquisitionprocedures are not standardized, the compensation mechanism unscientific, reliefroute is not smooth, landless peasants social security system in the absence of a seriesof problems has become increasingly prominent, which led to a large number offarmers petition Resistance through violence and bloody conflict event, affecting theeconomic construction and social stability and development.As China’s industrialization and urbanization process is accelerating due to landacquisition disputes triggered mass incidents continue to occur, and thus the landacquisition dispute settlement mechanism is increasingly important, it is related to theprotection of farmers’ land rights and remedies. But China’s current legal systemrelated design crudeness, the right to relief is a very imperfect system, farmersarduous rights the petitioners have occurred. Systematic investigation by the landacquisition dispute settlement mechanism of the United States, Britain, France, Japanand other countries found that the strict control of government land acquisitionpowers to fully protect the land human rights, always carry out a rigorousstandardized procedures mature experience for our reference.Therefore, the article first defined our land acquisition related concepts, theanalysis of the current land acquisition the controversial type and land expropriationdisputes settlement mechanism types the System some countries (regions)controversial land expropriation specific system design and procedural arrangements,reasonable reference and effectiveuse, combined with China’s current landexpropriation dispute settlement mechanism of the current situation and existingproblems, proposal of building land expropriation dispute resolution mechanism withChinese characteristics. Building land expropriation dispute resolution mechanism in line with China’sreality, we must first modify the "Land Management Law" as an opportunity to speedup the land acquisition program legislation from the system to prevent and reducedisputes; Second, improve the the right relief system, and promote timely andeffective disputethe solution, which includes both to strengthen administrativeremedies, including deepening judicial reform, to further improve judicial reliefmechanism, establish the authority and finality of judicial decisions. Finally, otheraspects of improvement, such as improving the people’s mediation system, strengthenthe building of the contingent of people’s mediators; improve the petition system, asmooth and orderly petition order; improve the supervision system of the NationalPeople’s Congress, public opinion, strengthen the oversight function of the NationalPeople’s Congress; establishment of a land impose legal aid system, and earnestlysafeguard the legitimate rights and interests of the landless farmers. A diversified,level land expropriation and dispute resolution mechanisms suited to China’s specificnational conditions.