The Research On The Perfection Of The Rural Collective Land Expropriation Procedure

Social development and urban expansion leads to the deficiency of the amount of construction land, and land expropriation has become the main means of supplying construction land.Different from the land system with the other countries in the world, our country’s land ownership was forced into two forms. As the urban land was owned by the state, therefore, in China, the land expropriation mainly refers to that country acquires land from the rural collective economic organizations, to make the land to be state-owned. The primary land transactions market is controlled by state, so the value of the land exists big difference before and after the land expropriation. At the same time, our country’s thinking model to control everything formed from the planned economy makes the process of land expropriation lack of standardization, which causes the contradiction in land expropriation.The current land expropriation system in China was formed in the planned economy period, in recent years, the rapid development in economic construction, the advancement of urbanization, the original system exposed serious flaws in practice. The conflicts triggered by land expropriation unusually sharp:A substantial reduction in cultivated land area, land resource waste, the legitimate rights and interests of farmers are restricted and deprived, government agency, the units using the land and the conflict between the landless farmers. These contradictions seriously affect the orderly development of the economy and social harmony and stability, solve the problem of land expropriation is imminent. On the structure, this paper will be divided into three parts. In the first part, the author, first of all, from the perspective of the concept of land expropriation and the angle of administrative procedure concept to define the concept of the process of land expropriation.Then the author analyses the relative laws and administrative rules, such as 《The land administration law of the People’s Republic of China》、《The ministry of land and resources on notice for land requisition compensation and resettlement work》.etc, to divide the procedure of land expropriation into four kinds of procedure:informing procedure, hearing procedure, participating procedure, distributing and monitoring procedure of the compensated money. And then the author analyses the questions existing in the four procedures according to the general theory of the law.In the second part, the author analyses the reason of the imperfection of our land expropriation procedure from the perspective of the existing procedural laws, the system of the collective land rights and the system of the rural grassroots democracy.In the third part, aiming at the questions existing in the land expropriation procedure, the author put forward suggestions to perfect the land expropriation procedures of china.