On The Construction Of Independent Land Acquisition Decision Procedure

At present,China is still a large agricultural country.In view of the special significance of collective land to farmers,problems related to collective land expropriation have been attracting much attention in the academic circle.With the passage of the new land management law,the issue of land expropriation has once again become the focus.Although the new law has progressive significance,there are still many unresolved issues,among which the independent collective land expropriation decision process is still not established.At present,the procedures are not systematic,precise and complete,showing a strong state of closure and fragmentation,and these procedures cannot cooperate well to restrict the expropriation right.Its main problems are reflected in:mixed with the expropriation compensation procedure,the absence of the public interest identification procedure,the closed process of making the expropriation decision,the lack of the participation of the expropriated,etc.In this case,it is necessary to build an independent expropriation decision procedure as soon as possible.In particular,we should transform the legislative idea of"heavy entity light procedure" and "heavy efficiency,light fair" value orientation,clarify collective land expropriation shall be decided on the premise of public interest,a program shall levy rights as the goal.We should regulate collection mode,refined laws and regulations,establish principles during the process of expropriation and perfect the public participation mechanism.And then on the basis,we can build the collection decision procedure,including land survey preparation procedures,the public interest cognizance,procedures for making collection decisions and notification process,land right holder shall enjoy the right of information consult in these applications,the right to know,to request a hearing,the right to dissent and the right to seek relief,etc.After the completion of the construction,the expropriation decision procedure realizes the externalization of the procedure by ensuring the participation of the expropriated,and is no longer restricted by the internal constraints of the "two approvals" procedure.Only in this way,collective land expropriation gradually will return to the public purpose,make the expropriation decision behavior return to the right track,and finally achieve the goal of standardizing the expropriation right.