The Procedural Safeguard Of Collective Land Expropriation

China is a large population and a large agricultural country.The agricultural population accounts for more than half of the total population of the country.Land,as the most basic source of living resources for farmers,is the "lifeblood" property of farmers,which concerns the survival and development of the overwhelming majority of farmers.With the rapid development of China's social economy,the accelerated urbanization process,the unprecedented rising of land demand,the contradiction between the limited and non renewable land resources and the expansibility of the demand for land resources,the land expropriation system based on the public interests has its necessity and rationality.But at the same time,due to the obvious defects in the current system of land expropriation in China,in the process of actual operation,there is no attention to the private rights,the abuse of the right to impair the property of land is more serious,and it must be restricted by system perfection and procedural norms.The author has been engaged in administrative reconsideration in the legal department of the provincial people's government for many years.As one of the most important cases,land expropriation is the most important and most serious problem.From the analysis of the administrative procedure of collective land expropriation as the starting point,in order to guarantee the basic land rights of the land expropriated farmers as the leading thought,combined with the practice of administrative reconsideration and administrative proceedings,this paper makes a profound and detailed analysis of the main problems arising in the process of the design and implementation of the legal system of collective land expropriation in China..In addition to the introduction and conclusion,the article is divided into four chapters.In the first chapter,the question is put forward.Through the recent hot debate on the Internet,the State Council ruled the case results and the reasons for the judgment,causing people to attach importance to the land expropriation procedure.In the second chapter,starting from the basic concept of land expropriation,analyzes the essential attributes of land expropriation.Taking the case of administrative reconsideration in our province as the statistical sample,the characteristics of the land expropriation cases are summarized through the data analysis,and the seriousness of the procedural problems in the land expropriation and the urgency of standardizing the land expropriation are revealed.In the third chapter,exploring the root of the problem,summarizes and analyzes the current situation and causes of collective land expropriation from various angles,such as the protection of real right,the guarantee of procedural rights,the expropriation of ginseng and degree,and the unimpeded ways of relief,and analyses it in the form of specific cases.In the fourth chapter,in the direction of the reform of the land system in China,the opinions and suggestions on the restriction of public power in the collection of rural collective land,the protection of farmers' interests and the standard of the procedure are put forward.