On The Subject Of Collective Land Expropriation

With the advancement of urbanization and the rapid development of social economy,the demand for land,as the most important means of production,is becoming more and more vigorous,and collective land expropriation activities are also frequent.However,because there is no clear subject of collective land expropriation under the current legal system in China,it is difficult for land expropriated persons to accurately determine the object of claims in judicial proceedings when land expropriation disputes occur,and it is also difficult to effectively determine the defendant in administrative proceedings because of the ambiguity of legal provisions,so it is imperative to clarify the subject of collective land expropriation.Therefore,the first part of this article is an overview of the evolution of collective land expropriation legislation and the nature of the concept,and points out the concept of land acquisition decision subject and dispute;The second part reveals the legislative and judicial difficulties of the subject of collective land expropriation in China,and leads to the problem of unclear subject of land expropriation.In the third and fourth part of this paper,we find that the collective land expropriation behavior is multi-stage administrative behavior,in which,although the land acquisition and approval activities are internal administrative behavior,and may be externalized,but if the main body of land acquisition and approval is the main body of land acquisition,it will face many legal dilemmas.Therefore,in the last part of this paper,the State Council and provincial people's governments should separate the examination and approval of land expropriation from the decision of land expropriation,and create a system of collective land expropriation decided by municipal and county people's governments.