The Judicial Remedy Of Peasant's Rights And Interests In Collective Ownership Land's Expropriation Compensation Agreement

It was the first time that Administrative agreement been included into the scope of administrative litigation.Lack of standard supply and unclear specification making administrative agreement difficult to judicial relief.On the one hand,administrative agreements are different from other administrative acts,so the rules governing administrative agreements should also be specifically structured.On the other hand,the remedy of the third person is also different from the party,so the judicial remedy should be more specific.Expropriation Compensation Agreement belongs to administrative agreement;the peasant is the third person of this special kind of agreement.In the theoretical sense,the study of the judicial remedy helps study the third person's remedy.Moreover,the study also has a greater practical significance.As a third person,the peasant's impairment of rights and interests occurs frequently,causing greater losses.In the process of transferring land property rights,land expropriation is Involved in the collection of people and people.On the side of the expropriated party,Because of the collective ownership of rural land in China,Village committee and other collective organizations as the "village collective" on behalf of the exercise of land ownership,Therefore,the rural land expropriation in China has formed a unique three party relationship,such as "the collection of people,the village collective and the peasants".This also means that the peasants in the collection and expropriation of confrontation,as well as collective confrontation with the village.Leading to the common and seriousness of the farmers' damage,so the design of the judicial relief system is very important.It is worth studying how to remedy the rights and interests of farmers as the third party in the administrative agreement.The full text is divided into four parts.The first part is "overview and research methods",The main contents are as follows:First,the lack of supply of administrative agreement provisions,making the administrative litigation proceedings encountered difficulties.In particular,the relief system of the third party's rights is in urgent need of construction.This paper will discuss the third individual peasants in the collective land expropriation compensation agreement.In view of the different manifestations of the infringement of farmers in every part,the article will be divided into three cases,namely,the second and three or four parts.The second part is "The judicial remedy of administration agreement which lack of the third person's authorization".The reason for the damage to the third party's rights and interests is that the content of the agreement is not legal or reasonable.As part of the agreement the third person will be eligible for the plaintiff from the third party,scope of administrative agreement,the construction of the litigation system from the perspective of legal review of legal elements.The third part is" The judicial remedy of administration agreement which content damage the third person",the construction of the rules for the examination of normative documents,The review method of compensation standard,and finally the change of judgment and partial invalid judgment.The fourth part is " The judicial remedy of the rights and interests of the third person in the stage of performance".The reason for the damage of the third party's rights and interests is that the expropriation does not fulfill the contents of the agreement.Mainly from "collection of people accused".It can be divided into "due to levy the exercise of administrative priority" and "due to levy not in accordance with the two kinds of contract" two cases.