Research On Administrative Consultation Mechanism In Rural Land And Housing Expropriatuion In China

Against the backdrop of China’s rural land system reform,the expropriation of agricultural land and houses has gradually exposed issues such as lack of purpose,procedural irregularities,and imperfect relief and guarantee mechanisms.It is necessary to establish a sound administrative consultation mechanism with standardized procedures,reasonable compensation,and diverse guarantees.Breaking through the closed defects of traditional administrative expropriation management in terms of system,integrating the concepts of openness,cooperation,and participation in administrative consultation,providing new ideas for the innovative development and improvement of the agricultural land and housing expropriation system in practice,opening up a new pattern of expropriation consultation,and exploring legal channels for the protection of the rights and interests of the expropriated with procedural norms,dispute resolution,and diverse remedies.Due to the flaws in the design of rural land and housing expropriation systems,there are many defects in both institutional and practical aspects.In the practice of rural land and housing expropriation in China,there are a series of problems such as uneven distribution of expropriation rights and interests,expropriation purposes that do not meet the "public interest" requirements that serve as the legal basis for expropriation,unclear ownership of expropriation rights and beneficiaries,unequal status of negotiation subjects,unclear application of expropriation compensation standards,and incomplete rescue negotiation procedures.At the level of land acquisition system and negotiation concept,there are problems such as incomplete structure of the land acquisition legal system and inconsistent internal content of the legal system,as well as the impact of the acquisition negotiation mechanism on traditional administrative acquisition models.In response to the above issues,it is necessary to combine the theoretical basis,scope of application,and characteristics of agricultural land and housing expropriation and administrative negotiation,and design and improve the administrative negotiation mechanism for agricultural land and housing expropriation,in order to standardize the behavior of agricultural land and housing expropriation and avoid the consequences of "loss of norm,right,and failure" in rural land and housing expropriation.To solve the above difficulties,it is necessary to construct a negotiation mechanism for land acquisition from both the horizontal legal regulation level and the vertical land acquisition stage,in order to achieve the improvement of the legal process control and application mechanism for rural housing acquisition.From a horizontal legal regulation analysis,firstly,it is necessary to clarify the meaning of "public interest" in the expropriation legislation,determine the negotiation subject and the situation of ineffective negotiation;Secondly,the specific implementation plan for negotiation in the law enforcement of expropriation should be clearly defined,including adhering to the principles of equality,voluntariness,integrity,and proportionality,and adopting the "dual line negotiation" method of online negotiation platform communication and offline negotiation hearing;Finally,in the negotiation of the compensation plan for land acquisition,a third-party evaluation agency is introduced and the act of land negotiation price purchase advice is placed before the execution stage of the acquisition,limiting the land acquisition authority to only allow it to use the compulsory acquisition right in cases where the negotiation price purchase cannot reach an agreement.From the vertical analysis of the phased application mechanism of land acquisition,firstly,in the application and approval stage of land acquisition,by improving the system of information disclosure,hearing consultation,and opinion announcement,the substantive equal rights of the expropriated during the acquisition and approval stage are ensured;In the implementation stage of expropriation,establish a negotiated application plan for the compensation standards and methods of expropriation to ensure the effectiveness of the "negotiation participation"expropriation system;At the completion and relief stage of expropriation,clarify the legal effect of negotiation and strengthen judicial supervision of expropriation compensation negotiation behavior,clarify the important role of diversified solutions to administrative disputes in ensuring the realization of the negotiation results of rural land and housing expropriation,and thus achieve the legalization,systematization,and procedural nature of rural land and housing expropriation behavior.