Research On Improving The Land Expropriation Power Configuration

As a form of public power,land expropriation power is a country on the premise of respect for the land property rights,the allocation of land resources by a mandatory approach to meet the need of the public interest.Effective implementation of land expropriation power,cannot leave the configuration of land expropriation power.Since the foundation of the state,the configuration of land expropriation power through evolution,gradually perfect,it also has made great contributions to our country urbanization process and the rational use of land resources.However,with the development of China,economic attribute of the land resources,including scarcity and capitalization,are becoming prominent.As a result,shortcomings of existing land expropriation power configuration are increasingly obvious.Concretely,it includes several aspects,such as,land acquisition procedure is arbitrarily started,caused a waste of administrative resources;local government become the subject of illegal land expropriation;the conflict with arable land protection and economic development is being intensified;there is a relief blank in land requisition of the central government;rights and interests of the person whose land is levied have been infringed;the judicial organs credibility has been questioned,etc.Reasons for the above results are the rule of law has been affected by the following factors,including the traditional legislation thought for substantive is superior to procedure,the public welfare is the highest value orientation of legislation and the administration of the centralized system.Further,the three factors caused the failure of normative application,the disorder of approval structure,the deviation of executive system.In order to balance the relationship between efficiency and fair during the land expropriation,carry out the expropriation rights for the person whose land are collected and promote the construction process of Law-ruled Government,it is suggested to improve the allocation of land expropriation power.On the legislation,We should insist on the principle of rights primacy,the authority restriction principle,and pay equal attention to both substantive law and procedural law.In concrete regulations,firstly,we can adjust application power of land expropriation by defining the actual scope of the applicant,changing the methods of applying.Secondly,we can correct the approval authority through disperse the approval authority moderately,transfer the approval to the Ministry of Land and Resources.Finally,we ought to improve the executive power by defining procedural rules and completing substantive rules for the execution of land expropriation.At the end,the problem of development will be solved by the development.As long as we can continue to adhere to the strictest farmland protection system,uphold the rule of law,modify the legislation idea of land expropriation gradually,improve the legal norms of land expropriation power configuration,I believe that the better land expropriation power configuration is just around the corner.And the reform dividend in the field of land expropriation can also get more release,the people and the government will Share the development.