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Research on the Procedure of China’s Rural Land Acquisition

Author: ZhaoShen
Tutor: KangJian
School: Liaoning University
Course: Constitutional and Administrative Law
Keywords: Land Acquisition of Rural Land Public Interest Procedure Identified Compensation Procedure
CLC: D922.1
Type: Master's thesis
Year: 2011
Downloads: 48
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Abstract

Accelerated process of urbanization has increased the demand on land resources, According to China’s law, any construction unit needs to use land, he must apply the relevant government departments, but the land resource of the city is limited, this inevitably led to a collection of rural land acts, rural collective land will be transformed into state-owned land, and then the construction of land development and utilization. Design of such a system is out of our limited land resources protection, but in practice has led to a lot of waste of land resources, the right of the compulsory land acquisition powers to run the country resulted in the rights of farmers infringement. The right of the compulsory land acquisition powers to run the country resulted in violation of the rights of farmers. This phenomenon has many reasons, I choose the proceedings from the aspects of land acquisition to start, hoping to impose on the current agricultural land in the chaos play a role, the author discusses four aspects:PartⅠdiscusses in detail the due process of law on land expropriation theory, describes the meaning of rural land acquisition process, characteristics, basic contents, functionality and value.The second part discusses the status and the problems of the process of rural land acquisition and the reasons of the problems. I believe that the process of land acquisition there are three areas: land acquisition decision-making process are not standardized, land expropriation and compensation procedures lack of fairness in land expropriation and relief programs exist in name only, and the reasons for these problems can be missing from the concept of due process of law, rural collective land ownership boundaries and the blurring of the main representatives of procedural and substantive aspects of analysis.The third part, the author describes the United States, France, Japan and Taiwan of China’s land expropriation proceedings, through these advanced countries the legal systems of collection, summarize the concept of due process are fully protected under the guidance was land the right to information and participation rights of people to set up the identification process of public interest, and improve the compensation process and the right to close the relief program, to fully protect the property rights of citizens against infringement of the right to land expropriation.The fourth part, the author puts forward his own perfect proposal. I believe that In order to guarantee Land owner’right to know and participate , the decision-making process in land acquisition should increase the notification procedures prior to the expropriation, we should improve the symptoms before the announcement procedure, and Improve the Land survey procedure .In order to ensure Elements of land acquisition purposes in order to ensure compliance with the law ,we should add The purpose of increasing public interest in land recognized program. In order to change the compensation program and the situation of land separating decision-making process , we should Improve the content of compensation and resettlement program itself and insert it into the Collection decision procedure. Finally, I believe that the strict procedures for land acquisition should be complete relief program behavior violated the sanctions provisions of land acquisition, improvement and improve the administrative adjudication process, improve the relief system of judicial proceedings, set to buy back procedure.

Research on the Procedure of China’s Rural Land Acquisition

Abstract

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