Study On Property Right Protection In Collective Land Expropriation

Administrative expropriation has the nature to infract condemnee’s rights, so itshould strictly restricted by law to protect civil rights. The property right should bewell-protected in collective land expropriation; however, the property rights areinfringed commonly. The public power in collective land expropriation should be inaccordance to the general doctrines of administrative expropriation, which should bebased on public interest, legitimacy and due process.This dissertation studies the property right protection in collective landexpropriation as the following parts: the first part is the preface. This part introducesthe background, present study results, main contents, study methods and the newpoints. The second part is some definitions such as administrative expropriation, landexpropriation, the difference between expropriation and requisition and lay emphasison public interests as the most important condition of administrative expropriation.The third part is the parties in the legal relationship of collective land expropriation.This part analyzes the different parties such as, the levier, the person beingexpropriated and other related persons. This part maintains that the interest conflict incollective land expropriation is fierce and the persons being expropriated stand in thedisadvantaged position. The fourth part is the present situation of property protectionin collective land expropriation. This part is based on some typical cases and practicalinnovation. This part also points out the defects in present legal institutions such asthe objective alienation, unfair condensation standard and the lack of the spirit of dueprocess. The last part is some suggestions on the perfection of the regime of law toprotect property rights in collective land expropriation. This part insists that collectiveland expropriation should be based on public interests, the compensation standardshould be raised and market compensation should be realized in the near future. Theprocess of collective land expropriation should also be improved and the last part also analyzes some new point in the amendment of law on land administration and thedraft of regulation of compensation in collective land expropriation.