The Irregularity And Reconstruction The Legal Procedural System Of Land Expropriation

Human being cannot live without the land. As a kind of scarce resource, landcannot renewable. However, the contradiction between supply and demand becomesprominence with the spread of global economy. Nowadays, in our country, the land ofcity cannot far enough to meet the needs of demand. So that more and more ruralcollective lands would be bringing into the urban land by the way of levy. Rural landexpropriation refers to the administrative act of the need of the country enforce to takethe ownership of collective land in accordance with the law based on the publicinterest need, and offer compensation. However, this administrative act led to a seriesof the illegal expropriation of land because of the imperfect of the legal system. It alsoleads to the damage of the interests of farmers. The reason of this phenomenon is theidea of ’’value entity is more important than procedure", which caused a series ofproblem, such as the abuse of land requisition right and the collection process is notopen and so on. So it is very important and meaningful to establish scientific andreasonable expropriation occupies an important role in the expropriation procedure.And reasonable compensation can only make up for the loss of farmers. So theproblem in the expropriation is the most difficult and complicated problem, such asthe low standard compensation and unreasonable distribution of compensation and soon, which needs to be solved urgently.This paper wrote from the angle of the perspective of the private rightsprotection in land expropriation, and it guided by the basic idea of the safeguard to thefamers rights whose land was being levied, and take the way of the train of thoughtthat first raise a question, then analysis the problems, and to solve the problem at thelast as the main line, and to analysis rural land expropriation procedures of ourcountry in a comprehensive and detailed way. The paper summarized a few typicalland expropriation disputes firstly to set out the main problems the rural expropriationprocedure exists in our country, such as the definition of expropriation in the publicinterest standard is not clear, listening to the farmers opinions become a mereformality in the determination of the land expropriation, and the compensationstandard of the land expropriation is too low so that lead to the land-lost farmersliving in a difficult way and so on. Then, the paper analyzed the reasons for theexistence of these problems of the rural land expropriation procedures of our country,and the reasons which including that the long-term formation of the idea called “heavy entity, light procedure”, the legislation of rough overhead the rights andinterests of farmers and local government financial dependence on land, etc. Finally,the paper put forward a series of perfection recommendations which aiming at tosolving these problems on the basis of summarizing the reasons and combination withthe actual situation of rural area of our country.