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Research On Legal Issues Of Government Information Disclosure In The Field Of Land Expropriation

Posted on:2023-07-29Degree:MasterType:Thesis
Country:ChinaCandidate:G MengFull Text:PDF
GTID:2556307037984129Subject:legal
Abstract/Summary:PDF Full Text Request
Government information in the field of land expropriation refers to the relevant information produced and obtained by the competent administrative organs and stored or recorded in a certain form in the administrative act of land expropriation,which is related to the nature of land and changes in land rights.Establishing and improving the government information disclosure system in the field of land expropriation is of great value to the smooth development of my country’s land expropriation work,the deepening of rural land system reform,and the protection of the legitimate rights and interests of land expropriated subjects in the process of land expropriation.For many years,government information in the field of land expropriation has always been a key disclosure issue for my country’s government information disclosure.The amendments to the Land Administration Law and the Regulations for the Implementation of the Land Administration Law have specifically increased the disclosure of pre-approval and post-approval matters.The time and channels of disclosure,the Ministry of Natural Resources and the provincial and municipal governments will also issue corresponding normative legal documents to refine it,and the public channels such as land acquisition information disclosure platforms,government portals at all levels,and “two micro and one end” are also constantly being improved.However,in my country’s current government information disclosure in the field of land expropriation,there are still problems to be solved,such as insufficient supply of information to be actively disclosed by administrative organs,anomalous announcement procedures,and abuse of application rights.The reason is mainly related to the lack of law enforcement and supervision,the content of the announcement,the lack of improvement in the participation mechanism of the subject of land acquisition,and the lack of smooth relief channels for the rights and interests of the subject of land acquisition.Based on this,we can learn from the relevant regulations of foreign countries and continue to improve the government information disclosure system in the field of land expropriation in my country.First,enrich the scope of active disclosure of information,strengthen the construction of disclosure platforms,ensure the integrity of disclosure information,and promote the continuous expansion of active disclosure.The purpose of strengthening the enforcement power of government information in the field of land expropriation;secondly,thoroughly implement the principle of comprehensive disclosure,increase public interest identification announcement procedures,disclose the entire process of public interest identification,disclose all materials for the approval process of land expropriation,and improve hearings procedures,strengthen the binding force of the hearing records,broaden the channels for public participation,and ensure the legality and rationality of land expropriation;third,establish a special reconsideration review system for expropriation,set up a special administrative reconsideration agency,and add punitive legal consequences for procedural violations and take administrative mediation as a legal right relief channel,improve the administrative relief mechanism for the rights of the subject of land expropriation,expand the scope of litigation for land expropriation disputes,and incorporate land expropriation disputes involving public interests into the legal aid system and public interest litigation system.Land-expropriated farmers are provided with a sound judicial litigation guarantee mechanism to strengthen the relief rights of the land-expropriated subjects.Through the implementation of the above-mentioned measures,it is of great significance to continuously strengthen government information disclosure in the field of land expropriation,eliminate information asymmetry,and promote public participation.
Keywords/Search Tags:land acquisition, Information disclosure, Announcement procedure, rights relief
PDF Full Text Request
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