西南石油大学学报(社会科学版)

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Legal Protection of Land-expropriated Farmers’Participation Right in Collective-owned Land Requisition

WANG Liguan JIANG Li   

  1. School of Law,Minzu University of China,Beijing,100081,China
  • Online:2016-07-01 Published:2016-07-01

Abstract:

Collective-owned land requisition matters a great deal to the public interests and people’s livelihood. It’s also closely related to the smooth progress of urbanization and steady development of rural collective economic organizations. The protection of land-expropriated farmer’s legal interests is the key point in collective-owned land requisition,and it cannot do without the performance of participation right. The land-expropriated farmers’legal interests will be effectively protected only when they could participate in and supervise the requisition process,and put forward their own claims,thereby making the requisition decision more just and equitable,ensuring an orderly urbanization progress and maintaining social stability. There are still many problems in the legislation a boat legal protection of land-expropriated farmers’participation right including unclear definition of the scope of subject,narrow scope of interest,and lack of procedural safeguards. Therefore we suggest the following measures: regulate the scope of subjects’participation right by law,expand and regulate the content of participation right,improve the procedural configuration and build an effective feedback and supervision system.

Key words: collective-owned land, collective-owned land requisition, urbanization, land-expropriated farmers, participation right

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