China And Japan Comparison Of Land Expropriation Procedure

The land is scarce and valuable resource, and is the fundamental home and life offarmers. At present, the national land expropriation phenomenon is increasing, thegovernment and farmer relation between nervous with each passing day, so thecountryside land collection question already becomes the hot topic which the societypaid attention highly and urgently awaited to be solved.Land expropriation is concerned to the vital interests of the subject ofexpropriation, which requires the Constitution and other supporting laws to safeguardthe property rights of citizens."Land expropriation law" in Japan has a long history,and is becoming perfect through continuous modification. While the landexpropriation legislation in our country is blank, and the" Land management law" islimit provision that bring the rights and interests of farmers continuously violated.Therefore, the paper takes the comparative perspective of China and Japan to explorethe essence in the process of land expropriation of China, and analyzes the flaw andthe insufficiency in our country at present. Through drawing lessons from theadvanced concepts and mature experience in Japan, it finally provides constructiveideas to improve China’s land expropriation procedures.In the structure, this article is divided into five chapters. First, Based on theoutlined introduction of land expropriation procedures, it has a general understandingof the concept and relevant legislative provisions of land expropriation proceduresbetween China and Japan, and expresses the value and significance of the paperwriting.Than, With the public confirmation program, it has noticed that in Japan there isnot only the legislation clearly defines the scope of public interests, what’s more, there are beforehand meeting, public hearing, public summon and other securitysystem, In China, there is the only premise of examination and approval procedures,and the land expropriation is forceful without public participation and the consent ofthe farmers; In the collection procedures, it has found that the Japanese uniqueexpropriate commission can be fair and democratic on the compensation, and thesubject of expropriation can take part in the compensation process and express theirviews. While in China farmers can express objections on hearings, but there isdeficiency on the regulation of hearings; In the relief procedures, Japan is diversified:mediation, reconciliation, arbitration, litigation, etc., and it has targeted relief way inthe emergency procedures. China’s land expropriation relief means is single, and theexecutive is not only beneficiaries but also the referees in expropriation, so it is moredifficult to protect the subject of expropriation.Last, it has summarized the problems in land expropriation procedures of ourcountry in the practice. At the same time, with the reference to the advancedexperience of Japan, we improve Chineae land expropriation procedures through clearpublic interest standards, holding a hearing, improving farmers’ land guarantee system,building land expropriation supervision mechanism, widening the relief channel, andso on.