Study On Hearing Procedures In Land Expropriation

Land expropriation is refers to the organs of public power for the purpose of public interests, the exercise of state coercive power to obtain the ownership of land and other property rights attached to the land and compensate the administrative behavior, has a purpose justification, impose mandatory and characteristic of the compensating. Land expropriation for public interests as the premise, the expropriation compensation were analyzed, and the land acquisition activities according to legal procedures. In in the process of land expropriation, land expropriation hearing procedure is a \ "program of emperor\". Land expropriation procedure on how to construct land expropriation is in the public interest will be decided as the leadership is still dominated by the exercise of executive power, will determine citizenship in land expropriation is restricting administrative power, or the executive power is not restricted. Along with the development of the rule of law, for the exercise of executive power limit is for civil rights in the operation process of administrative power is exercised, established by citizens by relevant administrative procedures in government decision-making, the powerful functions of hearing procedure. Or is it just after the results of operation of administrative power to through the administrative review, administrative litigation relief. Safeguard the public's right to know, to participate, supervision is the realistic requirement of the administrative power operation, which is the hearing procedure itself has a strong vitality. Hearing will be held as effectively in the administrative organ and set up a bridge of communication between the other party, to strengthen the transparency of administrative authority, improve the public trust of government behavior. With the development of modern forms of participatory democracy, the hearing system will become the indispensable basic system of the modern rule of law. Successful construction of the hearing system in land expropriation, citizens will become the legitimate way of checks and balances the government to impose behavior, extensive public participation, after all, create the swimmer for citizenship. Hearing procedure in the design of concrete, the hearing procedure of land expropriation in response to land expropriation is in line with the purpose of public interests in the hearing, do not conform to the purpose of public interests cannot impose, can't get to the next program, can't start the land acquisition activities. And to achieve the goals of this, want to rely on scientific and reasonable construction of legal system of land expropriation procedure to implement. How to perfect our country's administrative hearing procedure of land expropriation is the research focus, this paper expounds the basic theory of land expropriation procedure, based on the analysis of existing problems of the hearing procedure of land expropriation in our country, the United States, Germany, Italy and other countries for reference of the hearing procedure of land expropriation, puts forward the Suggestions of perfecting our country's land expropriation procedure, in order to through the perfect hearing procedure to protect citizens' legitimate rights and interests in the land expropriation.