| Under the sweep of urbanization,agricultural land and forestry resources are frequently expropriated due to the construction needs.However,because of the offensive government,the closed requisition decision,and the lack of follow-up living security,land requisition has become a major difficulty in the current society.In order to break the closedness of decision-making and expand the participation rights of the expropriated,the Land Management Law of 2019 has built a collective land pre-expropriation procedure around the principle of compensation before land expropriation.The pre-expropriation procedure uses a series of procedural actions,such as land status survey,social stability risk assessment,proposed expropriation announcement,conditional hearing,compensation registration,implementation of resettlement costs and signing of pre-expropriation agreement,etc.,which has changed the value-oriented process.In fact,the emergence of the pre-expropriation procedure is a product of the change in social governance model and government risk administration,and also the self-improvement of the land expropriation procedure under the influence of internal and external forces since the development of the planned economy.Regrettably,in the Land Management Law of 2019,the pre-expropriation procedure only makes a simple arrangement of the procedural subjects and procedural behaviors,and ignores clearly defining the issues,such as procedural dispute settlements,procedural consequences,and how to connect with formal land expropriation procedures.Based on this,this article will analyze the pre-collection process by focusing on the main body of the pre-expropriation process,the subject’s behaviors,the procedural dialogue mechanism,the dispute settlement of the process,and the consequences of the process.The main body of the article is divided into four parts,including the reasons,connotation,elements and the way to improve the pre-expropriation procedure.The first part is the reasons for the introduction of the collective land pre-expropriation procedure,from three perspectives: institutional changes,social governance models,and government risk administration;The second part is the connotation of the collective land pre-expropriation procedure,from five perspectives: etymology,time node,content,effectiveness,and relationship with formal land expropriation procedures;The third part analyzes the procedural elements of the collective land pre-expropriation procedure.Based on the pre-expropriation procedures in the Land Management Law of 2019 and combining the experience of the selected pilot areas,the article expands analysis from the subject of the procedure,the subject’s behaviors,the behavior sequence,the procedure dialogue mechanism,the procedure dispute solver,and the procedure consequences to find the shortcomings;The fourth part is the improvement of collective land pre-expropriation procedures.According to three directions: the necessity of perfection,perfection value orientation and perfection path,the article proposes adding the behavior of public welfare review procedures,improving the dialogue mechanism-hearings,and defining the land inspectorate as a dispute solver in the pre-expropriation process,clearing the procedural consequences,and linking the pre-expropriation procedure to the formal land expropriation procedure through the subject. |
