Empirical Study On Rural Land Expropriation Procedures In China

The rural,agriculture and farmers are closely related to the country's safety since ancient times.Looking across the history of China,from the change of land property right in ancient to the establishment of the rural land system today,all those factors affect the change of farmers' rights.The present stage is a period of rapid development of urbanization.Land expropriation is one of the most important ways to promoting land urbanization.Since 2004,China has passed 14 NO.1 central file in a row.Those files are all emphasis the importance of standardization of land expropriation procedures,and carry out the pilot reform of land expropriation in the whole country.However,land expropriation in rural areas has not realized the implementation and protection of farmers' land rights,especially in the process of land expropriation rights protection while solving the demand of land using in urbanization development.There are a large number of disputed cases on land expropriation procedures in the current judicial system.To a certain extent,the judge documents of these cases can directly reflect the existing or potential problems of the rural land.By using the method of empirical analysis,the author selects a certain number of judge documents which focus on the violation of land requisition procedure as the total sample,summarizing and counting the types of documents,the time of adjudication,the geographical area of the sample source,the successful rate of the plaintiff,the presence of lawyer,the appeal rate of the case and the reasons for the plaintiffs defeat.It is found that the following five problems remain to be solved in the procedure of land requisition.First,it is illegal whether or not that compensation before expropriation.It is illegal in theory that compensation before expropriation in the procedure of rural land expropriation.But in judicial practice,there is no uniform standard for the illegal determination.Second,the implementation of land requisition is not standardized;Third,There are different results in practice about the issue of the justiciability of procedures such as informing,confirming and hearing before land requisition.Fourth,it is difficult to implement the "two announcements and one registration" after land requisition approval.Fifth,the revocation and compensation after the procedures of land expropriation was confirmed illegal.There are many reasons for these problems,including inadequate legislative norms of land expropriation procedures,unreasonable design of land expropriation procedures,administrative implementation pay attention to efficiency but make light of procedure.Also,there are many non-actionable administrative acts in land expropriation procedure,and the effect of land expropriation is irreversible.The supervision and relief mechanism of land requisition procedure is not perfect,and the participation of the subject of land requisition is low,and the consciousness of safeguarding rights and the way of safeguarding rights are not correct.In order to solve the problem of land expropriation procedure,we must start from the following five aspects:First,improving the relevant laws and regulations.We should not only coordinate the procedures of land expropriation at all levels,realize the internal unification and dynamic coordination of the procedural norms of land expropriation at all levels,and ensure the legal effectiveness of the norms,but also formulate a special procedural law of rural land expropriation,and scientifically refine the steps of land expropriation.Second,strictly regulating the operation of the procedure in the process of land expropriation.It is necessary to control the right of the government,such as the establishment of public welfare recognition system for land requisition projects.Then,introducing a third-party evaluation mechanism for land and related appendages,and building retention of compensation and price negotiation system.Third,making clear the actionable nature of the procedural act of land expropriation.Fourth,improving the supervision of land expropriation procedures and relief compensation mechanism.It is necessary to strengthen horizontal and vertical supervision,and enrich the remedies for disputes over and requisition procedures.Establishing neutral land adjudication agencies to ensure social relief.Then,increasing the administrative mediation system of dispute on land expropriation procedure and establishing the compensation system for illegal land expropriation to ensure Administrative relief.Fifth,perfecting the public participation system of land expropriation procedure.Not only perfect the announcement hearing system and participate in the procedure,but also strengthen the publicity of relevant legal knowledge.