Research On Perfection Of Land Expropriation Procedure In China

Urbanization Urbanization is the inevitable result of social and economic development.By the end of 2018,China's urbanization rate has approached 60%,and the country is in the stage of rapid urbanization development.Land expropriation has always been an important way to expand urban extension and promote the rapid development of urbanization.The improvement of China's land acquisition procedures will still be a major issue facing the urbanization industry,and the state attaches great importance to this.The "Comprehensive Implementation Plan for Deepening Rural Reform"adopted by the General Office of the CPC Central Committee and the General Office of the State Council clearly requires that the scope of rural land acquisition be narrowed.The report of the 19th National Congress of the Communist Party of China further proposed to regulate land acquisition procedures,deepen the reform of rural land systems,and accelerate the development of urban and rural integration.This shows that it is of profound practical significance to study the issue of land acquisition procedures in China and explore how to construct an efficient and fair land acquisition procedure.In the above background,combined with the hot issues of land acquisition procedures,this paper uses empirical analysis to find the perfect path of land acquisition procedures in China from the perspectives of current situation,judicial review,problem exploration and path regression.This article is discussed in the following four sections:The first part is the preliminary investigation of the status quo,that is,the sample collection of the land acquisition procedures in China.This paper describes the reasons for the selection of the research methods in this paper,as well as the source of the sample and the method of sample analysis.This article takes a total of 2.358 cases of land acquisition procedure disputes published in the a Peking University Judicial Jurisprudence Library"”,“China Judgment Document Network" and "No Lawsuit Network" as the research object,and sorts out the basic situation:the overall case volume is increasing year by year.The cases are mostly concentrated in areas with a wide rural area or the economy is in a period of rapid development;the cases are mostly judged by the intermediate people's courts and most of the cases have passed the second-instance judgment procedure;the judgment documents are mostly judgments.The second part is the empirical analysis of the judicial review,that is,the sample of the land acquisition procedures in China.In order to better explore the specific implementation of land acquisition procedures in China,this paper further refines the research object.Through the 100 samples taken from 2,358 judgment documents,the situation of acceptance,the subject matter of the lawsuit,the distribution of the case,The distribution of disputes and the results of the referee are summarized and summarized,and the phenomena existing in the practice are explained:the acceptance criteria of the cases are inconsistent,and the controversy focuses on the behavior of land acquisition approval,the announcement of land acquisition announcements,and the announcement of land acquisition resettlement compensation announcements,low.The third part is the exploration of the problem:the problems in the land acquisition procedure in China.This paper aims to focus on the problems and causes in the land acquisition process.The main reasons are as follows:First,the scope of land acquisition is unclear;secondly,the behavioral norms of land acquisition are not perfect;third,the stipulations of the land acquisition pre-procedure are vague;fourth,the land acquisition compensation distribution system is imperfect.There are many reasons for these problems,including inadequate legislation on land acquisition procedures,unreasonable design of land acquisition steps,light weight procedures for administrative execution,unsound procedures for land acquisition procedures and relief mechanisms,and low participation in land acquisition procedures.,poor awareness of rights protection,etc.The fourth part is the path of path regression,which is the perfect path of land acquisition procedures in China.Focusing on the problems existing in the land acquisition procedure,this paper puts forward the following suggestions:First,clearly define the scope of "public interest",establish a public interest public judgment procedure,and thus define the definition of land acquisition scope;second,strictly regulate the grassroots government.Third,determine the suitability of the land acquisition pre-procedure,and supervise the use of power by the government through clear announcement procedures,clear hearing procedures,and the openness of the land acquisition procedures and the participation of the masses;fourth,expand Judicial remedies for land acquisition compensation and distribution system.