Research On The Procedural Problems Of Rural Collective Land Expropriation

Procedures and entities interact with each other.Good procedures can regulate and promote the operation of entities.Based on the standardization and case analysis of rural collective land expropriation procedures and under the guidance of theoretical thinking,this paper proposes practical countermeasures to improve the procedures,aiming at protecting the legitimate rights and interests of the expropriated in rural collective land expropriation,reducing the occurrence of land disputes and making the land expropriation proceed smoothly according to law.Laws,administrative regulations and departmental rules divide rural collective land expropriation procedures into pre-approval procedures,examination and approval procedures,post-approval implementation procedures and relief procedures.Under this framework,the state council and the ministry of land and resources have stipulated the land requisition notification procedure and the status quo investigation and confirmation procedure to refine the pre-approval procedure.In practice,some local legislation has enriched and supplemented the rural collective land expropriation procedures by stipulating the procedures of land expropriation pre-announcement,right confirmation registration,social stability risk assessment and compensation pre-deposit.There are many problems in the process of rural collective land expropriation in China at the present stage,including the unilateral and closed approval procedure,the negotiation procedure of compensation before grant and the defective procedure of compensation distribution.In view of these problems,this paper,from the perspective of protecting the legal rights and interests of the expropriated,proposes to optimize the rural collective land expropriation procedures under the theoretical guidance of fairness and efficiency,legality and rationality.Firstly,by supplementing the loopholes in the current investigation and confirmation procedures,strengthening the openness and participation of the examination and approval procedures,changing the hearing mode and relevant provisions,and refining the content and form of the announcement,the protection of the right to participation and the right to know of the expropriated persons can be strengthened.Secondly,by increasing the pre-approval compensation negotiation procedure and clarifying the compensation procedure,the land can be provided to the third party and the compensation distribution procedure can be changed to optimize the compensation payment procedure that the expropriated person is most concerned about,so as to guarantee the compensation right.Finally,by suggesting that the relevant expropriation behavior should be actionable and emphasizing the independence of the relief judgment of procedural violation,the right relief should be timely,actionable and independent,so as to strengthen the relief right of the expropriated person and maintain the last line of defense of the expropriated person.