| As China’s socialist modernization construction enters a new era,the construction of modern cities is also on the agenda,and the "14th Five-Year Plan" depicts a grand blueprint for the construction of modern cities with new infrastructure.Among them,the modern city supported by land will inevitably lead to the long-term existence of land expropriation disputes,and land as the lifeblood of collective and individual survival is of great significance to the stable,harmonious and united social situation.As a phased achievement of land reform,the Land Administration Law（2019）is to the point and has made more efforts to guide the practice of land expropriation,but there are still many judicial difficulties in the application process,which is not conducive to the settlement of land expropriation disputes.This paper first bases itself on the practice of land expropriation after the revision of the new law,analyzes the relevant administrative adjudication documents in Shaanxi Province from the perspective of empirical research,summarizes and summarizes the judicial acceptance of land expropriation disputes from the perspective of empirical research,and summarizes the characteristics of judicial acceptance of land expropriation disputes from the perspective of time,region,trial level,dispute and adjudication situation,and finds that land expropriation cases have the characteristics of unstable annual number,uneven regional distribution,large probability of starting second-instance trial,high proportion of compensation disputes and many administrative violations,and at the same time,from the application of law,The focus of the dispute and the results of the judgment analyzed the judicial adjudication of land expropriation disputes,and found that land expropriation disputes involved a wide range of interests,so the legal basis on which judicial rulings were based was also more,and the focus of disputes in the case was mainly focused on whether the original defendant was qualified,whether the land expropriation decision was legal,whether the land expropriation compensation act was effective and whether other administrative acts were legal,and from the judgment results,there were more cases in which administrative subjects lost lawsuits due to illegal administrative acts and most of them were not judged to take remedial measures.Starting from the three basic elements of land expropriation,"public interest,expropriation compensation,and due process",it is found that due to the lack of judicial review basis,review authority and review standards for land expropriation,there are practical dilemmas in practice that the public interest review standards are unclear,the basis for judicial review of expropriation compensation is unclear,the judicial supervision authority of expropriation procedures is insufficient,and the role of judicial sanctions for illegal acts is not obvious.In order to resolve the dilemma of judicial adjudication,efforts should be made from four aspects: clarifying the standards for judicial review of the public interest,clarifying the basis for judicial review of expropriation compensation,strengthening the judicial supervision authority of expropriation procedures,and highlighting the role of judicial sanctions for illegal acts.Land expropriation disputes have a long history,and the resolution of any dispute is not achieved overnight,which not only requires legislation to carry out institutional changes,but also requires close cooperation from the judiciary,giving full play to the role of judicial supervision and relief,and settling disputes and disputes.From the perspective of judicial empirical research,the land expropriation dispute cases are analyzed,the judicial adjudication dilemmas in the application of the new law are studied,and suggestions for a better way out of land expropriation disputes are provided,with a view to providing benefits for the improvement of the legal system of rural collective land expropriation in China. |
PDF Full Text Request