Study On The Construction Of Land Expropriation Negotiated Price Purchase System

The Nineteenth National Congress clearly put forward the strategy of Rural Revitalization to promote agricultural and rural modernization.Therefore,the reform of land expropriation should aim at Rural Revitalization and activate rural land resources on the basis of ensuring the main status of farmers.In practice,there are many problems in land expropriation,such as difficulty in promoting and contradictions between the two sides.The main reason is that the subject status of the expropriated is not valued,and their interests and needs are not satisfied or even ignored.Although the current provisions of the pre-requisition compensation enhance the status of the compensation agreement process in the land requisition procedure,they still focus on listening to the opinions of the expropriated on the proposed resettlement compensation scheme.The negotiated price purchase system is based on voluntary consultation,giving priority to the willingness of the expropriated,giving them substantial bargaining opportunities to participate in land expropriation and reach compensation agreement,so that the passive status of the expropriated can be transformed into active status,which is conducive to the expropriated fully and freely expressing their willingness to expropriate.At the same time,the negotiated price purchase system makes the most efficient use of land resources through market mechanism,safeguards the realization of public interests and establishes the system of agreement price purchase.Therefore,it is of great significance to establish the system of negotiated price purchase.By using the methods of documentary analysis,empirical research and comparative analysis,this paper combs the representative pilot projects of the current land expropriation reform pilot areas in China,reflects on the problem of "No Compensation Agreement,No Land Requisition" in various schemes,and leads to the necessity of introducing the negotiated price purchase system into land expropriation in China.Then it discusses the concept and legal nature of the agreement price purchase system,expounds the theoretical basis of the agreement price purchase system from two dimensions of economics and law,introduces the relevant legislation on the agreement price purchase system in Taiwan,and puts forward solutions to the queries of the agreement price purchase system in Taiwan academia,based on the purpose of protecting the property rights,participation rights and negotiation rights of the expropriated person.From the two aspects of Entity Framework and program design,this paper puts forward concrete suggestions on the construction of land acquisition agreement price purchase system.Apart from the introduction,this paper is divided into five parts:In the first part,through sorting out the representative pilot projects of land requisition reform pilot areas in China,the author reflects on the problem of "No Compensation Agreement,No Land Requisition" in various schemes,and leads to the necessity of introducing the negotiated price purchase system into land expropriation in China.This paper holds that emphasizing that "No Compensation Agreement,No Land Requisition" distorts the function of land expropriation system and confuses the nature of different agreement procedures,while the agreement price purchase system can better coordinate the relationship between "agreement" and "compulsion" in land expropriation,and is conducive to strengthening the principal position of the expropriated,and also conducive to the expropriator to achieve the purpose of expropriation through flexible means.Therefore,the agreement price purchase system should be introduced.The second part defines the connotation of negotiated price purchase system,and analyses the legal character of the contract with negotiated price purchase.In this paper,it is considered that the negotiated price purchase is the pre-procedure to start the compulsory land expropriation.The negotiated price purchase is the process of negotiating after issuing the pre-announcement of land expropriation and before making the compensation and resettlement plan,the rural collective economic organization and the land administration department negotiate the land expropriation and complete the process of property rights transfer.The land administration department government and the rural collective economic organization carry out the agreement purchasing with the purpose of realizing the cause with public interest.Therefore,the contract with negotiated price purchase belongs to an administrative contract with the color of public power.The third part expounds the theoretical basis of the negotiated price purchase system from two aspects of economics and law.Based on free market theory,governed economy theory,property rights protection theory,administrative rationality theory,public interest stratification theory,theory of privatization of public law and deliberative democracy theory,this paper demonstrates the legitimacy of the existence of the negotiated price purchase system.The fourth part introduces the legislative evolution of the land expropriation negotiated price purchase system in Taiwan,considers the problems in practice of the negotiated price purchase system in Taiwan and analyses its causes,so as to draw lessons and experience for the future construction of land expropriation negotiated price purchase system nation-widely.The fifth part puts forward concrete suggestions on the construction of the negotiated price purchase system from two aspects of entity framework and program design.The entity aspect designs the subject,scope limitation,basic price and legal effect of the negotiated price purchase;the procedure aspect proposes to adhere to pre-agreement principle,and designs the specific land expropriation flow chart.