Problem Research On Dispute Case Processing Of Collective Land Expropriation And Housing Expropriation

In recent years, with the rapid development of economy and accelerating process of urbanization, the number of land-lost farmers increases continuously. Social contradictions caused by collective land expropriation and housing expropriation namely land requisition and demolishing are increased too. Lawsuits of land requisition and demolishing become the focus of judicial circles. There is much research on legal system of land expropriation and housing demolition by Chinese academic circle, which forms a set of perfect theoretical system. The treatment of such cases is the difficulty of juridical practice. By analysis of typical cases of land expropriation and housing demolition, the paper finds the main argumentative issues of cases and existing difficult problems, analyzes their reasons and finally comes up with solutions.First, the paper explains the concept of land expropriation and housing demolition. By analysis of behavior characteristics of land expropriation and housing removal, it points out that the main legal relationship involved by lawsuits of land expropriation and housing removal is civil legal relationship and administrative legal relationship. Combining case quantity and current status of processing of land expropriation and housing removal accepted by grass-roots courts in recent years, it summarizes that main types of land expropriation and housing removal include civil cases, administrative cases and execution cases. Characteristics of cases are uncertainty of caseload, complexity of legal relationship and variety of defendants.Second, by introducing difficult cases of dispute over compensation for transferred expropriated land, it summarizes that there are two difficulties in cases of dispute over compensation for transferred expropriated land. One is that nonstandard procedures of transfer of land contractual management right cause difficulty in identification of land contracted management rights. The other is that disordered register of land contracted management right makes legal relationship in cases complicated and makes judicial adjudication hard to unify. For solving difficulties in cases of dispute over compensation for transferred expropriated land, the paper comes up with three solutions:one is to clarify the nature of subcontract and assignment in transfer of land contractual management rights. Another is to build scientific register system of land transfer. The third is not to treat certificate of land contracted management rights as the only evidence of management right identification.Third, by introducing difficult cases of land right protection for rural divorced women in land requisition and demolishing, the paper summarizes that there are three difficulties in cases of land right protection for rural divorced women in land requisition and demolishing:one is that existing laws and regulations are too principled, lacking practical operability. Another is that qualification of rural collective economic organizations is hard to be recognized; the third is that village regulation and non-governmental agreement has been obstacle of hearing civil cases. For solving difficulties in cases of land right protection for rural divorced women in land requisition and demolishing, the paper comes up with two solutions:one is to define qualifying standard of rural collective economic organizations. The other is to coordinate conflicts between village regulation, non-governmental agreement and legal norm。Fourth, by introducing difficult cases of administrative proceedings of land requisition and demolishing, it summarizes that there are three difficulties in cases of administrative proceedings of land requisition and demolishing. One is that absence of procedural norm in land expropriation compensation is the root cause of frequent administrative proceedings. Another is that administrative organizations meddle with independent exercise of judicial power improperly. The third is that judicial examination standard of lawsuit qualification of those who are expropriated and relocated in administrative proceedings is not unified. For solving difficulties in cases of administrative proceedings of land requisition and demolishing, the paper comes up with three solutions:one is to define the range of public interest clearly in land requisition and demolishing. Another is to remove administrative characterization of courts from an internal and external basis. The third is to consider objective factors when examining administrative lawsuit qualification of those who are expropriated and relocated.Finally, by introducing non-contentious administratively-executed difficult cases of land requisition and demolishing, it summarizes that there are two difficulties in non-contentious administratively-executed difficult cases of land requisition and demolishing. One is that too low compensation standard of land requisition and demolishing causes that the conflicts between land lost farmers and government can’t be mediated in executed cases. The other is that the number of non-contentious administratively-executed cases of land requisition and demolishing increases too fast. It occupies too much judicial resources. For solving difficulties in non-contentious administratively-executed cases of land requisition and demolishing, the pater comes up with three solutions:one is to define separate system of adjudication and execution in dispute cases of land requisition and demolishing; another is to establish temporary right protection system; third is to make reasonable compensation standard of land requisition and demolishing.