Study On The Allocation Model Of Agricultural Land Expropriation

As a basic land legal system,farmland expropriation is ubiquitous in the world.The land acquisition authority is implemented by the corresponding land expropriation entity.In China,the”Land Management Law" stipulates that the subject of land acquisition and examination and approval,the main body of implementation,and the main body of compensation should be used to realize the allocation of land acquisition rights.Laws such as the Constitution and the Real Right Law also stipulate the pattern of power allocation for agricultural land acquisition.The existing mode of allocation of farmland expropriation rights in China is:vertical power allocation according to project expropriation and batch collection.Vertical power configuration is reflected in two aspects:First,the right to land acquisition for projects such as roads,pipeline projects,and infrastructure construction projects;Second,according to the annual land use plan,the right to land acquisition by batch shall be implemented.According to the project land acquisition rights,the project construction unit will apply to the Development and Reform Commission for approval.The Development and Reform Commission approves and approves the documents after evaluating the feasibility of the relevant evaluation department,and then starts the land requisition and approval procedures to exercise the land requisition rights.The land acquisition rights in batches shall be approved by the local government to the State Council or the governments at or above the provincial level in accordance with the local economic development needs,the overall planning of annual land use,and the construction of land use and land use actual conditions.After the approval,the local government obtains discretionary power over land acquisition without reporting to higher levels of government.The horizontal allocation of land acquisition rights in rural areas plays a role in the levying of farmland in China.The "Land Management Law" stipulates that in the process of expropriation of agricultural land,relevant stakeholders of land acquisition shall enjoy the right to participate in supervision,the right to know and the right to requisition and requisition agricultural land.The "Land Management Law" does not stipulate that there are substantial restrictive powers for the implementation of farmland levies.There is a certain shortage of vertical and horizontal power allocation for agricultural land acquisition.According to the project expropriation,the nature of the construction project will affect the exercise of approval authority for the approval of agricultural land acquisition.For example,in the construction of government public welfare projects,the interests of the land requisitioned will be damaged by overemphasizing public welfare during the process of land acquisition;The government will protect profitable construction projects and illegally operate land acquisition procedures.In a batch of land acquisition,after the approval of the annual land use plan of the local government,the local government is granted free land rights without reporting to the higher authorities,which may easily lead to the abuse of the land expropriation right.The horizontal powers levied on farmland are mainly the counterparts of the subject of land acquisition.The two are in unequal legal status and cannot effectively restrict the exercise of land expropriation rights.Perfecting the Arrangement of Power for Expropriation.According to the project levy included in the due process.The right to approve the land for the project is exercised by the NPC.The specific levy will be exercised by the land acquisition subject.Reasonable decentralization and effective supervision of land acquisition procedures.Abolition of batches of land acquisition,to reduce the abuse of local government land acquisition power.Give full play to the role of the organs of power of the people's congresses,democratic decision-making,and the role of authority oversight organs.Effectively implement horizontal constraints on the exercise of the vertical land acquisition authority of the land acquisition agency.