On The Perfection Of Collective Land Expropriation Procedures

Collective land expropriation is an administrative act that the state acquires collectively-owned land compulsorily and pays reasonable compensation through legal procedures for the public interest.The existence of public interest provides a legitimate basis for expropriation behavior that violates the principle of equal transaction.Under the background of urbanization proces,the state acquires collectively-owned land has become the main way to satisfy all kinds of construction land.Although relevant laws have made relatively strict provisions on the exercise of expropriation power,under the influence of the GDP-based view of political achievements,it is quite often that administrative agencies abuse their expropriation power,conflict of land expropriation is an outstanding problem of local government in China.The sharp conflict of land expropriation has aroused great concern about collective land expropriation from all walks of life,however,the existing research mainly focuses on the definition of the public interest and the compensation standard,but lacks due attention to the collection procedure.Even the recent Land Management Law(Draft Amendment)makes minor adjustments to the collective land expropriation process,and needs further improvement.In fact,on the one hand,the procedural injustice is the key to the contradiction of land expropriation,On the other hand,the essence of collective land expropriation is how to balance the relationship between public interest and private interest,and the process of determining the public interest and compensation standards is a process of interest selection and coordination,therefore,translating complex value judgment problems into procedural problems is a wise way to resolve land acquisition disputes and break the deadlock of value judgment.Eminent domain should be regulated,the key to which is procedural restraints,and the procedural value depends on the concrete construction of the procedural model.However,after sorting out the relevant legislation of collective land expropriation procedures at the central and local levels,and analyzing 85 judicial judgments focusing on collective land expropriation procedures,it can be found that the procedures of collective land expropriation in china is not standardized,there are some defects such as scattered and low-level legislation,lack of public interest identification procedures,formalistic hearing procedures,unreasonable compensation and payment procedures,and unsmooth relief channels.To trace back the origin of institutional defects in the procedure of land expropriation,the reason lies the concept of emphasizing on power and ignoring rights,the dominant value of emphasizing on efficiency and ignoring fairness,and in the historical continuation of emphasizing on substantive law and ignoring the process.Therefore,we should break the unbalanced allocation mechanism of public and private rights,reshape the value orientation of collective land expropriation,and face up to the role of procedures.We should perfect the procedures of collective land expropriation from the aspects of perfecting the legislative construction of collective land expropriation proceduress,adding public interest identification procedures,optimizing the hearing procedures,perfecting the proceduress of compensation determination and payment,and openning relief channels.