Study On The Problem Of Land Expropriation System In The Process Of Urbanization

The increase in economic strength has led to a gradual increase in the level of urbanization in China.To realize "two hundred years" and "Chinese dream",it is indispensable to promote the development of urbanization,and it is also the only way for our country to move toward modernization.The promotion of urbanization is conducive to the orderly implementation of China's "village rejuvenation strategy",gradually narrowing the gap between rural and urban areas,allowing farmers to enjoy the city's resources and services,as well as causing some drawbacks and problems that are subject to social controversy.Every year,administrative litigation cases arising from land acquisition in the country occupy a not-small proportion of all types of administrative litigation cases.The reason is that the interests and status represented by the two parties are different.The expropriated party represents the private property rights,and the administrative agencies represent public powers.When public power interferes with the exercise of private property rights,the two sides will inevitably be in dispute.According to the current constitution and laws of our country,in the process of realizing urbanization,the conversion of collective land into construction land can only be solved through expropriation or expropriation.At present,some provisions in the collective land acquisition system of our country are mainly designed to guarantee the state's control over construction land.For example,collective land cannot directly enter market transactions and must be collected by the state before it can be used in non-agricultural construction.Therefore,the collective land in the market is essentially a secondary transaction when it enters the market,leading to a soaring land cost price.The executive authorities have profited from it and the people are arguing for profit,but the peasants have not been able to use their own "high price land." Obtaining the expected compensation and resettlement,the land acquisition conflicts have become increasingly prominent.In view of this situation,this paper expects to review the text of the judgment documents of the cases of collective land acquisition in Guizhou Province,the basic situation of the administrative litigation cases concerning the collection of collective land in Guizhou Province,the focus of the dispute,the results of the court judgment,etc.The inductive analysis will summarize the main reasons for the controversy that emerged in the field of land expropriation in China during the stage of emergence,and from the empirical perspective,we will analyze how the villagers land rights in the process of land expropriation can be effectively protected in practice.The author believes that there are mainly two kinds of effective relief approaches:administrative relief system and judicial relief system.