The Study Of Land Expropriation Procedures

In the process of urbanization in the inevitable need for a lot of land used for construction, commonly used by governments to acquire land expropriation means public construction projects. China's current legal system was established on the land in the planned economy period. In recent years, with the rapid development of economic construction, the original system in practice exposes serious flaws caused by land conflict exceedingly acute. Land expropriation process is that the main charge in the participation of the main charge, in accordance with the established rules of the land and steps on the way, an administrative charge of a variety of procedures, including general application, examination and approval, notice and notification, compensation and implementation several stages. Land for the building of procedures to prevent the abuse of land rights, safeguard the legitimate rights and interests of land, improve administrative efficiency and land, the establishment of the relationship of mutual trust with the public and has great value.Land for the'public interest'of the right to access to land that makes legal status, countries in the land acquisition application, examination and approval stages provides that the interests of the public process. China's lack of land for this procedure makes my lack of land acquisition approval process for the actual review, and those deprived of their land by the participation and supervision rights, the right to lead to the abuse of land requisition. Land acquisition should be set up as soon as possible the interests of the public that procedures and monitoring procedures and to further clarify the land requisition approval to the introduction of the land requisition system will be avoided in the process of land acquisition procedures to improve. Land expropriation compensation, the implementation of procedures is reasonable or not is a direct bearing on people's vital interests, our country caused by land disputes and conflicts, is the main reason for the landless farmers dissatisfied with the compensation package. Led to the compensation standards is the fundamental reason for low pricing mechanism that is the formation mechanism of the compensation package unreasonable. Compensation in the land acquisition phase, additional property should be identified and the investigation process, in determining the amount of compensation, the compensation matters field visits and finds that the land and set up a special assessment agencies, and improve the formulation of compensation package procedures, to ensure that the levy on land issues such as the amount of compensation for those charged with the negotiations, consultations.Land for the "participation" process is run through land application, examination and approval, compensation, such as full implementation of a substantive element, which is in the land was in the process of participating in the land requisition procedure. Be imposed on the right to participate mainly embodied in the right to know and the right to speak for the land requisition procedures to enhance transparency, openness and fairness. China's land acquisition process in the procedure is imperfect, in order to protect farmers no right to know, the hearing process is not sound, and lead to the right to participate in land requisition can not be realized. Enhance collection procedures openness, and open land to the land requisition basis, the internal working the land requisition system and for the work of standards and results. Effectively protecting the right to participate in land requisition, perfect notice, a hearing system for improving the land acquisition process is of great significance.Justice is the most economic way to resolve land disputes countries the common choice, and in our country, land disputes mainly to the ruling of the executive authorities, the administration of justice are often excluded from the economic means. Economy on the introduction of the judicial process, from the judiciary to determine the legality or otherwise of land acquisition and compensation to resolve disputes, to the ruling of justice, fairness and the protection of the rights of the land. After strengthening the supervision of land in the public interest is an important guarantee.