A Comparative Study Of Land Expropriation Procedures Between China And Japan

Land is the most important resource for human survival and development,“is the source of all production and all existence.”Given the importance of land,scarcity and irreplaceability,land issues are not only related to social equality.,But also the whole country,the social harmony and stability of the fundamental.Land levy involves the vital interests of the subject,the need for the Constitution and other supporting laws to protect the property rights of citizens.Japan's "Land Application Law" introduced more than sixty years,after several changes,has become Japan's land acquisition of the stability of legal protection.And our country in the land levy legislation is relatively lacking,the people's rights and interests are often not guaranteed.Therefore,this paper analyzes the shortcomings of land acquisition procedures in China by comparing the land acquisition procedures in China and Japan,and tries to draw some advanced ideas and mature experiences from the legislation of land expropriation in Japan to make up for the legislation of land acquisition in China.In the structure,this paper is divided into five parts.The first part introduces the concept of land expropriation procedure and establishes the theoretical tool of land expropriation procedure,namely,the theory of proper procedure and the theory of procedural value.The second part introduces the most important part of the land acquisition procedure in Japan,and compares it with the land acquisition decision procedure of our country.Japan in the business process of the provisions of the very detailed,from the pre-preparation stage to the post-publicity,not only to protect the order of the orderly conduct,but also to the expropriation of the people to express their views,to protect their own rights of space,In the substantive legislation on the weak,the implementation of the program is a lot of defects.The most obvious is the lack of public interest that the procedures,at this point,Japan's practical experience can bring a lot of inspiration to our country.The third part and the fourth part respectively introduce the land acquisition compensation procedure,the referendum procedure and the relief procedure.In the whole collection process,Japan's unique collection committee can compensate for the amount of compensation to be fair and democratic,the expropriated person can participate in the collection of compensation procedures,and express their views,and in our country,the law on the hearing of the Regulation is relatively lacking,in practice,there will often be hearing in the form of the situation.In the land levy relief process,Japan in the legislation more diversified: good offices,arbitration,litigation and so on.And China's land expropriation means of relief,the way is relatively narrow,the interests of the expropriated people are often not protected.Finally,the above part of the problem to be summed up,combined with the Japanese land expropriation procedures legislation and practice experience,such as: refine the public interest identification procedures,the introduction of neutral third-party institutions,broaden the channels of relief,and then improve our land acquisition procedures...