Research On The Evaluation And Control Of The Administrative Discretion In The Process Of The Governmental Land Expropriation

Governmental Land expropriation is China’s current hot and difficult problem.At present, in the process of government land expropriation, there are lots of thingsthe laws and judicial system can’t reach. The government authorizes administrativepersonnel very wide administrative discretion; however it did not radically solve theproblems in land expropriation, on the contrary, it constrained the rural socialproductivity and-became a significant obstacle to the social stability. The reform ofthis policy has attracted great attention nowadays from the government, both thecentral and the local. When guaranteeing the governmental demand of land, how toregularize the government’s behavior, ease the tension between the government andthe land-lost farmers and safeguard the legal interests of these farmers becomes animportant issue to the construction of socialist harmonious society. So, researches,with the usage of theory of administration management, about the administrativediscretion at the background of land expropriation have great significance in boththeoretical and practical respect.This paper starts from the nature of the government’s administrative discretion,combining fairness, legitimacy principles, public choice theory, and fair efficiencytheory to discuss and construct the index of the administrative discretion evaluationstandards in the process of land expropriation: justice, legality, efficiency, accordancewith public interest requirements, compensation guarantee for the land rights ofland-lost farmers. And this paper selects the corresponding qualitative evaluationindex to establish evaluation index system, and explore administrative discretionevaluation model in the process of land expropriation.This paper unites the practices of local government land expropriation, andmakes both theoretical and empirical researches on the current situation of the localgovernment administrative discretion. According to the five index mentioned in thefront, analyzing the phenomenon of administrative discretion dissimilating in theprocess of land expropriation, on the thorough basis of analysis, this paper argues thatthe main reasons leading to the administrative discretion alienation consist of the legaldefects of government land requisition system, the omission of judicial supervisionsystem, and the missing of the administrative internal ethical values.At the end， this paper focus on enhancing the land-related laws and regulations, improving the relevant judicial discretion benchmark on land expropriation, andsetting up the correct administrative ethics values. Based on these three aspects, thispaper puts forward a suitable control path to standardize the local governmentadministrative discretion in the process of land expropriation.