Study on Legal Problems of the Land Acquisition Procedure
|School||Huazhong University of Science and Technology|
|Keywords||Public Interest land acquisition procedure land ownership|
During the procedure of ongoing transformation in economics and society of china, whatever in establishing and maintaining a dynamic market economy, or in shaping the policy of all walks of life (from the complicated urban commerce to remote rural communities), Land always plays a crucial role. However, with the rapid economic and social development and accelerating the process in urbanization, there has been a large number of rural collective land acquisition and many farmers lose their land. Moreover, since there are a series of systematic defect in the land acquisition legislation and practice, such as obscuring definition of "public interest", unreasonable compensation range, and land acquisition compensational payment not distribute in time, all these defects damage the interests of farmers whose land was expropriated. In some areas even lead to rural communities events which directly affect the stability of the society as a whole and harmony. In the background, rural land acquisition has become a hot concern of the whole society and academic research.The paper focuses on the procedure in land expropriation, and through five sections describing the related problems in the procedure of land expropriation. By analyzing legislation defects on the basis of current laws system and specific cases the paper will bring forward own suggestions on land acquisition procedures and perfecting the related System. The first part is the basic theory of land expropriation procedure. It mainly introduces the related definitions of expropriation procedure and the purpose of expropriation. The second part is the principle of land expropriation procedures. By resisting the principles of acquisition procedure to providing references for discussing current procedure, and gets a solid foundation for the paper. The third part describes the land acquisition procedures in other countries in the world, and analyzes their advantages and disadvantages so order to utilize their advantages to perfect our expropriation procedures. The fourth part is the key of the paper, which via case studies to reveal existing state and deficiencies in land acquisition procedures. This part firstly introduces the statutory procedures for land expropriation in China, and then discusses the current situation and deficiencies of the approval procedure, notice procedure, hearing procedures and compensation procedure in the expropriation procedures. The fifth part is improved methods of land expropriation procedure. This section is to response the problems in the fourth part, integrating legal system and our national conditions to put forth systemic reasonably suggestions for perfecting land expropriation procedures.