Research On The Settlement Mechanism Of Land Expropriation Principle

Land is the basic guarantee for the survival and development of the vast number of farmers in China.The increasing demand for land is increasing in the process of accelerating urbanization.Due to the scarcity of land resources,facing the increasing demand for land and the stock of state owned land,the collection of collective land to the state-owned land is the main means to increase the supply of land.In the process of collective land expropriation,the impropriate decision,the unclear scope of the expropriation,the unstandard procedure of expropriation,the unreasonable compensation and the insecurity of the basic life of the levied people emerge in endlessly,which leads to the increasing dissension of the land expropriation and even a startling blood case..Therefore,it is of great practical significance to improve the system of land expropriation,resolve conflicts and disputes between land expropriation and protect the lawful rights and interests of the vast majority of the expropriated persons.In January 2015,the office of the Central Committee of the Communist Party of China and the office of the State Council jointly issued the opinion of the pilot work on the land expropriation of rural land,the entry of Collective Management land to the city and the reform of the homestead system.It was proposed to "improve the land expropriation system",aiming at the overland expropriation,the lack of standard procedures,and the peasants’guarantee machine for land expropriation.Problems such as imperfect system and so on,we should narrow the scope of land expropriation,explore the catalogue of land expropriation,strictly define the scope of land use of public interest,standardize the procedure of land expropriation,establish the system of risk assessment of social stability,perfect the mechanism of conflict and dispute mediation,open the information of land expropriation in an all-round way,and improve the rationality and standardization of the land expropriated farmers.The multiple guarantee mechanism."Improving the mediation mechanism of contradictions and disputes" is an important part of the reform of the land expropriation system.Therefore,this paper,under the background of the reform of the land expropriation system,will sort out the types of land expropriation disputes,the causes of the disputes,the current situation and problems of the dispute settlement mechanism,and compare with the dispute settlement mechanism of the land expropriation in our country,combine the national conditions of our country,and explore and perfect the land of our country.The path of dispute settlement mechanism is levied,thus reducing land expropriation disputes,ensuring the rights and interests of the levied people,promoting the development of new urbanization and the healthy development of the economy,and social harmony and stability.The full text is divided into four parts:the first part introduces the types and causes of land expropriation disputes in China.In this paper,the types of land expropriation disputes are summed up into three categories,such as collection decision dispute,expropriation dispute and compensation dispute,and the main reasons of the land expropriation dispute are unclear public interest scope,non standard land expropriation procedure,unreasonable compensation system and expropriation dispute.The solution mechanism is not perfect.The second part of the current land expropriation dispute settlement mechanism-negotiation and reconciliation,mediation,coordination of adjudication,administrative reconsideration,litigation,letter and visit-the current situation and the relationship between the dispute settlement mechanism,and the existing problems in the settlement of land expropriation dispute settlement mechanism in our country Reflect。The third part briefly examines the settlement mechanism of land expropriation in the United States,Britain,Germany,France and other extraterritorial countries,and points out that our country can draw on the review of the public interests of land expropriation and the re view of the due process,as well as the administrative settlement mechanism and judicial solution in improving the settlement mechanism of land expropriation disputes.In order to better improve the dispute settlement mechanism of land expropriation in China,we should establish a dispute settlement institution with professional,independent and high credibility.The fourth part is the improvement of our land acquisition dispute settlement mechanism.According to the requirements of the Party Central Committee and the State Council on improving the land expropriation system,in order to improve the settlement mechanism of land expropriation,it is necessary to clear the scope of the public interest,standardize the land expropriation procedure,standardize the system of land expropriation compensation,perfect the diversified guarantee system for the land expropriated farmers,and finally improve the consultation through a variety of channels.Conciliation,mediation,coordinated adjudication,administrative reconsideration,litigation and other dispute settlement methods,strengthen the coordination and coordination of the folk settlement mechanism,the administrative solution mechanism and the judicial solution mechanism,so that the land expropriation dispute settlement mechanism of our country is more perfect.