Research On Farmers’ Participation System In Land Expropriation

Land expropriation is related to national economy, people’s livelihood and vital interests of farmers. As the core part of the system of land management system, land system was established in the planned economy period and followed to now, although during which it stayed improvements but did not changing its fundamental significance. As China’s market economy and the protection of private rights strengthen, especially after the "Property Law" promulgated, Huge differences in the land acquisition act on the value orientation between the "Property Law" of right standard attributes and "Land Management Law" and other obligations standard laws, making the current government oriented land expropriation system on legitimacy questioned. In recent years expropriation tort cases and social conflicts caused by expropriation happen frequently, which cause serious damage to social harmony and stability. Deepening the reform of land expropriation system has become a requirement of The Times. Eighteenth session of the Third Plenary Session "decision" clearly states that the need to standard land acquisition procedures, improve the rational, standardized, multiple security mechanism about the landless farmers. Protecting the right of farmers to participate in the land expropriation program, improving farmers’ participation in the land expropriation system, and ensuring that farmers in the land expropriation has plenty of discourse right in the program, which is not only the effective way to resolve land conflicts, but also to implement the spirit of the resolution of the Party Central Committee exploration.The article is divided into five parts:The first part has drawn out this argument problem from the case.The second part is the basic theory of peasants involved in land expropriation. First it defines the farmers to participate in the system should have the right to participate in all the whole process of the land expropriation and should enjoy rights and participation in nature with the corresponding procedures, then it expounds the connotation of related rights and procedural system. Perfect participation system can guarantee the legal status of farmers and the administrative organs of equality from the procedure, and greatly expand the impact the farmers in the land acquisition program content related decisions.Second, it discusses the necessity and importance of improving farmers’ participation in land expropriation system from two angles which include the due process theory and democratic theory.The third part is the current situation and problems of farmers’ participation in land expropriation system. On the basis of carding the current system, detailedly analyze the problems of unclear landless peasants individual legal status; insufficient power configuration,poor announcement、hearing procedure and unreasonable application order.The fourth part is comparison and enlightenment of foreign system. This part uses the United States, France, Japan, the three countries provisions of the relevant systems, such as negotiating mechanism of a levied person with a department., the system of hearing procedure in advance, to be a powerful safeguard people’s right to know, and so on.The fifth part is the improvement of the system of farmers participation in land acquisition.this part considered the basic national conditions of being in a critical period of urbanization process, claims that expropriated peasants legal subject status are given explicitly on legislation, improve the important participation rights like the right to know and to hear and adjust land expropriation procedures,the ultimate goal is to make the landless farmers’ equally and fully participate in land expropriation procedure, effective checks and balances the administrative organ of power, makes every effort to safeguard the rights and interests of farmers, the implementation of the process of land expropriation openness, fairness and justice of land expropriation system, maintaining the stability of rural society and the benign development of the national economy.