The Study On Collective Land Acquisition Of Dispute Settlment In China

With the urbanization process in order to ensure sufficient demand for urban construction land, the government will continue to use administrative rights expropriation of collective land nationalization, and put it into the primary land market, stable supply of land. In this process, the interests of collective land were allocated, government, land users, they are imposed to have gained their own interests. But the uneven distribution of benefits, lack of due process, with China’s laws and regulations are not perfect, litigation and non-litigation dispute resolution channels blocked, leading to the emergence of collective land acquisition disputes, illegal petition, the incident occurred when the social groups.Collective land disputes, protection of the rights of citizens requires substantive justice, procedural justice need. Procedural justice is to achieve substantive justice. Due process is imposed on the exercise of the right to impose regulations, but also the protection of the expropriated rights. The establishment of public interest determination procedure and censorship, be regulated on the public interest, the government can curb impulsive and illegal expropriation of non-public levy. Improve the collective land expropriation program, in the form of levy Announcement reform, the introduction of the expropriated participation procedures and hearing procedures, so that man and levy be imposed to be the full communication and consultation, can effectively prevent the occurrence of collective land disputes. Litigation and non-litigation dispute resolution must comply with the requirements of due process. Litigation is the solution to collective land disputes should ultimately be the most authoritative way, non-litigation dispute resolution is an important complement to solve the collective land disputes. Improve litigation and non-litigation dispute resolution mechanism, smooth relief channels for more orderly collective land disputes into legal track, we can better maintain social stability.