Research On Procedural Rights Of Land-expropriated Farmers

The procedural rights of farmers whose land have been expropriated are the dynamic rights that farmers own in the process of land expropriation to protect their substantive rights in static sense.In recent years,a large number of rural collective land has been expropriated and expropriated.When the substantive rights of farmers who have been expropriated have been damaged,the procedural rights protection has become increasingly prominent.The main purpose is how to perfect the existing land expropriation system and protect the procedural rights of farmers when they lose their lands.There are two kinds of procedural rights,one is the procedural rights in land expropriation procedure,the other is procedural rights in relief procedure.Different from the substantive rights in the static sense,procedural rights dynamically guarantee the realization of substantive rights,which is not only conducive to the realization of fairness and justice,but can also alleviate the contradiction between farmers and governments and promote the good operation of supervision mechanism.The provisions of the current law on procedural rights are mainly embodied in the provisions of the Land Management Law,the implementation regulations of the Land Administration Law,and so on.Specifically,there is the right to know in the requisition procedure,the right to participate in the investigation and hearing procedures,and so on.The right of expression in the compensation procedure and the right of supervision throughout the whole process of land expropriation have the right of refusal,the right of illegal report,the right of administrative review and the right of appeal after being infringed.These rights together constitute the system of procedural rights.Taizhou area has innovated the land requisition measure in the continuous exploration of land expropriation,carried out various procedures of land expropriation,provided punishment measures for illegal land requisitioners by law,and tried to establish civil society organizations to coordinate land expropriation contradictions.However,during this process,there are still some problems of legislation,government law enforcement and judicial supervision.At present,there are many problems in the protection of procedural rights,which are due to three reasons:the excessive power of government departments in land expropriation,the unclear content of the existing legal system,and the difficulty of the supervisory mechanism in playing a substantive role.All these restrict the exercise of farmers'procedural rights.In order to construct the procedural rights guarantee system for land-expropriated farmers,first of all,we should perfect the system design so that there are laws to be followed,such as refining the announcement procedure,diversifying the form of the notice,and so on;secondly,using the land-expropriated farmers,the joint supervision of the judiciary and the society to improve the supervision mechanism;finally,the relief after the violation of procedural rights is essential,with the information disclosure as the premise,relying on the relief of.farmers themselves and judicial organs,to form a complete right system of procedural rights.