Study On Collective Land Acquisition By Negotiation

Since 1949,our country’s land expropriation system has experienced the creation,adjustment and development of three phases and carried out the pilot reform of land expropriation system in different regions.Due to the land and the land expropriation system cohesion is not smooth in the provisions of the "constitution Law" and "Land Management Law",the collective land expropriation in our country still in a state of separation of theory and practice so far.One of the characteristics of law is hysteresis.Land acquisition practice changes dynamically in continuously.Purchase of collective land by negotiation is one of the practices in front of the laws and regulations and in the groping stage of the practice.It has many shortcomings.But the author thinks that purchase of collective land by negotiation is playing a positive role in practice and carrying out the research is very necessary.In the case of lacking theory,the study about "purchase of collective land by negotiationt" must rely on cases to sort out the court’s attitude towards this behavior from the judgment,so as to grasp the overall direction of "purchase of collective land by negotiationt".The author collected cases about it.Due to the "purchase of collective land by negotiationt" is not authoritative legal language in the theory atshort duration,so the author searched for cases with some keywords which reflecting its core characteristics,and screeninged fifteen typical case as the research foundation.The author teased out four kinds of the referee thought: first,equaling "purchase of collective land by negotiationt" to land expropriation,so it is illegal;Second,the scheduled expropriation agreement is legal and effective;Third,in a timely manner to obtain land approval documents,the agreement is legal and effective;Fourth,"pattern of simulated expropriation",the agreement is not invalid.These four kinds of judgment thoughts constitute the main line of the following research on "purchase of collective land by negotiationt".The author compared "purchase of collective land by negotiationt" with the land expropriation and "pattern of simulated expropriation" to extract the key factors of producing the differences,and analyzed the nature of the agreement in detali.At the same time,the author combined with changes in the modification of collective land expropriation because of the modification of Land Administration Law to extract three key factors: the first,it has not conducted the land requisition examination and approval or land requisition approval documents have not issued;Second,the signed agreement is not a scheduled expropriation agreement subjected to the conditions of effectiveness,but a directly effective agreement as the basis for compensation;Third,the expropriated person’s rights and interests are at risk of being infringed at any time.In the third chapter,the author analyzed the necessity of specifecating this behavior from the existence of behaviors,practical difficulties and positive effectings.In the last part of the article,the author made a theoretical characterization and put forward feasible paths focusing on the application by combining with the three key factors and realistic predicaments for “purchase of collective land by negotiation”.