A Study On The Administrative Adjudication System Of Land Expropriation Compensation In China

The behavior of land expropriation is inevitably accompanied by the dispute of land expropriation,in which the dispute of compensation for land expropriation is related to the vital interests of the expropriated person,which accounts for the largest proportion in the dispute of land expropriation.Whether the dispute resolution mechanism of land requisition compensation is effective or not is an important factor which relates to whether the land requisition compensation dispute can be effectively dealt with.Therefore,it is very important to explore the settlement mechanism of land requisition compensation dispute and properly handle the dispute of land expropriation compensation.As a special settlement mechanism of land expropriation compensation dispute,the administrative award of land expropriation compensation refers to the people's government that approves the expropriation program as the dispute referee,and is a legal system for adjudicating land expropriation compensation disputes according to relevant legal norms.Although scholars have done more research on the administrative award system of compensation for land expropriation,they have not yet formed a unified and clear understanding,especially with regard to the nature of land expropriation compensation award,there are different views on the review of abstract administrative act,administrative reconsideration act and administrative award as an independent dispute settlement mechanism.In practice,however,there is a strong preference for the third view.By comparing different land expropriation compensation dispute resolution mechanisms,the administrative adjudication of land expropriation compensation has many value functions,including improving the diversified settlement mechanism of land expropriation compensation disputes,supplementing the administrative adjudication system of land expropriation compensation in China,safeguarding the legitimate rights and interests of the expropriated,saving judicial resources,promoting the innovation of our administrative judicial system,and maintaining social harmony and stability.Therefore,it is of great significance to study the administrative adjudication system of land requisition compensation in China.Through the analysis of the current situation of the administrative adjudication system of land expropriation compensation in China,we can find that there are still many problems in the administrative adjudication system of land requisition compensation in our country at present,including the legal norms of land expropriation adjudication are imperfect,the adjudication procedure is not standardized,there is no specialized neutral adjudicator,the subject of legal adjudication is disputed in practice,the scope of adjudication is ambiguous,the qualification of the applicant for adjudication is not clear,the relationship between adjudication and coordination is unreasonable,adjudication and other relief channels are not well connected,the validity of the award is not clear and the remedy mechanism of the award is not perfect.The reasons for the above problems in the administrative adjudication system of land expropriation compensation in China include unclear legal provisions,unclear nature of the adjudication,the reasons of the administrative subject and relative concepts,insufficient understanding of the importance of land expropriation compensation adjudication,the defects of the system itself,and insufficient theoretical research and practical experience.By studying the settlement mechanism of land expropriation disputes in foreign countries,we can find that these practices,such as having special and independent adjudication bodies and adjudicators,determining specific and reasonable adjudication procedures,scope of adjudication and compensation standards,as well as the obvious quasi-judicial attribute of adjudication,are of great significance to our country.In view of the problems existing in the administrative adjudication system of land requisition compensation in our country,the author based on the present situation of our country,and puts forward some countermeasures to perfect the administrative adjudication system of land requisition compensation in our country from the four aspects of legislation,subject,procedure and relief.First,perfect the legislation of administrative adjudication system of land requisition compensation.It is necessary to formulate special legal norms of administrative adjudication of compensation for land requisition,clarify the scope of the specific cases of the award,clarify the unified standards and principles of compensation for land requisition,and enhance the operability of the system in practice.Secondly,perfect the relevant subject qualification of land requisition compensation administrative adjudication.A neutral adjudicative body with professional adjudicators should be established To establish the criteria for the selection of adjudicators,and to standardize the subject qualifications of the applicants,and to ensure the impartiality and professionalism of the adjudication.Thirdly,perfect the procedure system of administrative ruling of land requisition compensation.The form of adjudication should be regulated,the time limit for application and decision should be determined,and the relationship between the award and other remedies should be clarified.Finally,perfect the relief system of administrative ruling of land requisition compensation.By clarifying the validity of the ruling,reducing the uncertainty of the ruling result,perfecting the relief mechanism against the ruling and clarifying the legal responsibility of the relevant subject,the good implementation of the administrative adjudication system of land requisition and compensation can be standardized.