2008Zhongguo tudi kexueRequires access

Construction of Proper Procedure of Land Expropriation

Yan Liu

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Abstract

The purpose of this paper is to construct a proper process of land expropriation to protect various land rights and interests. Methods of documentation and comparative analysis were employed. The results indicate that China's land expropriation procedures are not fully open at present,those whose land are expropriated can't participate the procedure sufficiently,and people's rights of hearing and judicial remedies are still deficient. It is concluded that,directed by the law procedure,referring to the successful experience abroad,we shall improve the land expropriation procedure from many aspects such as promoting open land expropriation procedures,ensuring collective and farmers' participation,introducing judicial review procedures of the legitimacy of the purpose of land expropriation and the compensation for land expropriation,realizing the inner value of land expropriation procedures.

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What this paper is about

The purpose of this paper is to construct a proper process of land expropriation to protect various land rights and interests. Methods of documentation and comparative analysis were employed. The results indicate that China's land expropriation procedures are not fully open at present,those whose land are expropriated can't participate the procedure sufficiently,and people's rights of hearing and judicial remedies are still deficient. It is concluded that,directed by the law procedure,referring to the successful experience abroad,we shall improve the land expropriation procedure from many aspects such as promoting open land expropriation procedures,ensuring collective and farmers' participation,introducing judicial review procedures of the legitimacy of the purpose of land expropriation and the compensation for land expropriation,realizing the inner value of land expropriation procedures.

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Available abstract

The purpose of this paper is to construct a proper process of land expropriation to protect various land rights and interests. Methods of documentation and comparative analysis were employed. The results indicate that China's land expropriation procedures are not fully open at present,those whose land are expropriated can't participate the procedure sufficiently,and people's rights of hearing and judicial remedies are still deficient. It is concluded that,directed by the law procedure,referring to the successful experience abroad,we shall improve the land expropriation procedure from many aspects such as promoting open land expropriation procedures,ensuring collective and farmers' participation,introducing judicial review procedures of the legitimacy of the purpose of land expropriation and the compensation for land expropriation,realizing the inner value of land expropriation procedures.

Key concepts: Expropriation, Legitimacy, Business, Land tenure, Documentation, Law and economics, Land law, Land use

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