Study On Rural Land Expropriation Procedure

China is a country with relatively frequent land expropriation,which lacks a standard collection system.The legal norms of land expropriation procedure is not uniform,unreasonable,and fully applicable in practice,local governments at all levels have their own local regulations and practice,and also have explored the land expropriation system.The present situation of the land expropriation procedure determines that it has certain theoretical value and practical significance to study it deeply and systematically.This study set current rural collective land expropriation procedure law as research object,trying to perfect the land expropriation procedures and puts forward some suggestions in the process of land expropriation legal norms on the basic of our reflection and reference to foreign land expropriation procedure legislation.According to the constitution of our country,the ownership of land is divided into state ownership and collective ownership.Land owned by state include land of the city and land the city suburbs and rural area,collective land is mainly rural and suburban areas of the city land and homestead,plot and hilly land.The amendment to the Constitution in 2004 made a distinction between the expropriation of land and the collection of land.In 2007,the "property law" further clarified the difference between land collection and land expropriation.Here is mainly for the rural collective land expropriation procedures.This paper is divided into four chapters.The first chapter mainly introduces the social background and significance,the research content,the research perspective,the analysis tools and the research methods.The second chapter introduces the general theory of land expropriation procedure,and defines the concept of the land expropriation.The third chapter analyzes and puts forward the legal norm of the current land expropriation procedure.The existing legal norms in our country about the general characteristics of land expropriation procedure is complicated,lacking formal specification and binding force.According to the procedure of land expropriation elements as a starting point,from the land expropriation procedures of rights and obligations,subject and behavior,step,order and time limit and procedures to achieve some specific value system perspective,reflection of China's land expropriation procedure code defects.The forth chapter puts forward four points of suggestions to perfect the land expropriation procedure.Specifically,first is proposed to increase the principle of openness,fairness,participation principleand the principle of proportionality;second is to establish and perfect the land expropriation legislation system;third is the general procedure of land expropriation,improvement suggestions;fourth,special procedures for land expropriation suggestions,mainly dealing with the general improvement of emergency procedures and the special program.