Research On The Reduced Application Of Full Compensation Principle

The Korean land expropriation system is centered on the Law on the Acquisition and Compensation of Land for Public Welfare(hereinafter referred to as the Land Acquisition Compensation Law),the Land Acquisition Compensation Law Enforcement Rules,and the Land Use Management Law.Other special laws such as the "Urban Planning Law" are supplemented to form a complete system.The procedures for land acquisition are divided into business certification,land survey,object investigation,compensation plan announcement and compensation determination,negotiation and ruling.The main body of land expropriation is the main body of the public welfare undertaking.In the process of land expropriation,in order to prevent the excessive expansion of public power,the Land Acquisition Compensation Law limits the scope of public welfare undertakings in the form of general enumeration.Businesses that implement public welfare undertakings can obtain land through negotiation and collection.By negotiating the way of obtaining land,the disputes arising from the collection of compensation between the expropriated subject and the expropriated person during the land acquisition process are reduced,and the success rate of land acquisition is improved.For the compensation of losses,the Constitution stipulates the principle of proper compensation.While the Constitutional Court and the Supreme Court realize the proper compensation,the accounting of the compensation should exclude the rational position of the development interests.China's land expropriation system has problems such as the definition of public interest in land expropriation,the irregularity of the collection procedure,the lack of compensation principle,the narrow scope of compensation,and the unreasonable compensation standard.South Korea's legislation and practice can provide ideas for China to solve these problems.This article is divided into four parts:The first part is the study of public interest in Korean land expropriation.The public interest is the purpose and standard of land acquisition and the basis of the land acquisition system.With the deepening of China's land acquisition reform,the definition of public interest has become an increasingly important part of land acquisition reform.South Korea's land expropriation legislation uses the "public need" to express the idea of public interest.The definition of public interest has its own characteristics and rationality:on the one hand,it regulates the public interest through legislation,on the other hand,through the improvement of procedural legislation and internal construction.The procedural safeguard mechanism of the public interest supervises and limits the discretion of the government.The second part is the procedure for land acquisition in Korea.Compared with China's land acquisition procedures,South Korea has detailed regulations on the business certification procedures,and has made detailed regulations from the business certification stage to the negotiation and adjudication procedures.These detailed regulations not only ensure the orderly conduct of the collection process,but also It fully gave the expropriated person a way to express their opinions and seek rights relief.The Land Acquisition Compensation Law of the Republic of Korea clearly stipulates the procedures for land acquisition,including procedures such as business certification procedures and consultations,and fully utilizes the functions of the evaluation agencies such as the Land Acquisition Committee and the Compensation Agreement in the process of land acquisition to ensure the fairness of land acquisition.Sex.The land acquisition procedure limits the administrative power of the government and protects the legal property rights of the person being expropriated.The third part is Korea's loss compensation system.In terms of loss compensation,South Korea's legislative results are very impressive,and continue to improve and develop in practice.Korean law clearly stipulates the principle of loss compensation,the scope of loss compensation,the method of loss compensation,and the standard of loss compensation.These regulations are conducive to safeguarding the living needs of land-expropriated farmers and solving the problems of the survival and development of land-expropriated farmers.The fourth part is the characteristics of the Korean land expropriation system and its enlightenment to China.South Korea has its distinctive features in defining the public interest,the way to acquire land,the establishment of compensation principles,and the establishment of land acquisition agencies.The establishment of the Land Acquisition Committee enabled the enforcement of rulings related to land acquisition and other aspects,and promoted the smooth progress of the collection process.The establishment of the compensation agreement provided a platform for the levied party to fully express its opinions and reduced the contradictions arising from the land acquisition process.Promote the fairness and justice of compensation.China's land expropriation system is weak in substantive legislation,and there are many defects in the implementation of procedures.The most obvious is the lack of public interest recognition procedures,and Korea's practical experience can give us a lot of inspiration.