Research On Improving The Rural Legal Procedural System Of Land Expropriation

With the economy rapidly and the urbanization deeply, the contradiction between supplyand demand of the land is appearing. With the Chinese land ownership system now, the landexpropriation is an important way to alleviate the contradiction and ensure the economy todevelop rapidly. The essence of the land expropriation is the competition of the power and theright. Rights get from the power must rely on process. Because China’s land expropriationprocedure has inherent defect and lack the supporting systems, going against and avoidingand “simplified” the procedures happen frequently. So the disputes in the process of the landexpropriation occurs often. Therefore, improving our country’s land expropriation proceduressystem has theoretical and practical significance. I will discuss the land expropriation as theobject through the following four aspects:The first part is about the basic theory of the land expropriation procedure. In this part, theconception of the land expropriation and the land expropriation will be defined. Based onthese conceptions, the basic theory of the land expropriation procedure’s system will bediscussed.The second part is about the investigation of other countries’ land expropriation procedurein the world, such as the expropriation procedure in France, Germany, Japan, the UnitedStates. Based on these introduce, I will summarize the common trend of the differentcountries of two important legal systems about the process of land expropriation.The third part recommends our country’s land expropriation procedures. Firstly, I willintroduce the examination and approval procedure, implementation procedure and reliefprogram; secondly，I will summarize the behavior out of the procedure in the practice; in thelast，I will point the defect in legislation.The fourth part is about improving the land expropriation’s procedure of our country. In thefirst, I will introduce of the principles, and then I will put forward a series of specificSuggestions.