The Research On The Improvement Of Hearing In The Administrative Expropriation Procedures Of China

Administrative expropriation is the governmental activity that thegovernment forcibly get the ownership of citizens’ immovable property andgive fair compensations base on the public interests. Admininstrativeexpropriation procedure is the act that the government，the property ownerand others must observe when they participate the expropriation activities.The procedure includes making expropriative decision, drawing up theagreement, declaring the agreement, asking for public advice, assessing thevalue of the property and social risk. The article examine the procedure incurrent legal system with the philosophy of legal procedure and the principlesof administrative procedure law, finding out some problems, which includelack of effective public participation in the expropriation approval procedure,little application of hearing rights in the expropriation procedure and lack ofthe proper effect in the administrative arbitration. To solve these problems, itis right way that formulating uniform administrative expropriation procedure code, seting up perfect hearing institution and making judicial review involvemore in the procedure.