The main achievements of the court's execution in our city

Since 2000, the people's courts at the two levels in our city have focused on the overall situation of reform, development and stability, adhered to the goal of fair justice, established the concept of law enforcement for the people, promoted the implementation of reform, actively explored new ways of implementation, strengthened the implementation management, and earnestly carried out special activities to clean up and implement cases, which has achieved certain results. Through the activities, the legitimate rights and interests of the parties were protected according to law, the judicial authority was safeguarded, social stability was maintained, and economic development was promoted.

Actively promote the reform of the implementation system and carry out the standardization work. According to the new requirements of the execution system, at the beginning of 2003, according to the requirements of the Supreme People's Court and the work arrangement of the provincial people's court, the people's court of our city reformed the execution mechanism and established a working mechanism in which the execution power and the executed power were exercised separately to prevent excessive concentration and abuse of the execution power and promote the justice of execution; Establish a leadership and management mechanism of unified management, unified command and unified coordination of court execution, straighten out the institutional connection and working relationship between higher and lower courts, and initially form a new pattern of parallel execution of local execution and entrusted execution; Establish the system of designated execution, promotion execution, cross execution and joint execution.

In view of the problems existing in the implementation work, the standardized implementation management was clearly put forward, and three implementation normative documents, such as "Implementation Reform and Standardization", were successively compiled and issued, and the city's court normative implementation work conference was held many times. By paying close attention to the standardization of implementation, summing up experience and supervising implementation, the performance of implementation has been improved.

In view of the problems existing in the evaluation auction during execution, the reform of entrusted evaluation auction was carried out. The entrusted evaluation auction was managed centrally, the property evaluation, audit and auction were all handled in one department, and the entrusted matters were all selected by rocking the ball, which played a positive role in ensuring the clean and efficient exercise of execution rights.

Take a variety of implementation measures to increase the intensity of implementation. The problem of "difficult execution" has always been a hot issue that has been strongly reflected by the society, and it is also a difficult point in the work of the court. Under the leadership of the Party Committee and with the support from all sides, the courts in our city have taken various effective measures and concluded a number of "long-standing" cases according to law. First, strengthen the leadership of the implementation work, set up a leading group for the implementation work headed by the president, guide the implementation of special activities such as "execution competition" and clearing up money and materials, and comprehensively clean up the backlog. The second is to strengthen enforcement. In order to solve the problem of overdue execution, the case flow management has been strengthened and the operation speed of each case handling link has been accelerated; In order to eliminate the interference of local protectionism, a number of accumulated cases have been solved by means of escalation, cross-execution and designated execution. Third, actively explore effective law enforcement methods. In view of the large number of cases currently executed, the difficulty in finding the executed person, the difficulty in finding the executed property, the difficulty in assisting the executed person, and the difficulty in moving the executed property, we will intensify enforcement, and urge the executed person to fulfill the effective judgment according to law by publishing the list of "deadbeats" in the news media and limiting the high consumption of deadbeats. Fourth, emphasize civilized execution, attach importance to the social effect of execution, strengthen mediation, strive to form a good working atmosphere that attaches importance to mediation, communicate with the parties in the process of execution, do a good job in the ideological work of the executed person, urge the parties to voluntarily perform their obligations or reach a settlement agreement, strive to resolve social contradictions and create a harmonious law enforcement environment.

Strengthen team building and management, and improve the quality of police officers. In view of the low quality of the executive team and the existing discipline style, the court of our city took advantage of the opportunity of institutional reform to optimize the team structure, actively carry out education and rectification of the executive team, and strengthen the construction of the executive team. In recent years, a series of study and education activities have been organized, such as the education and rectification of the executive team and the year of style construction, which have improved the overall political and ideological quality of the executive police. In order to improve the professional quality of the team, a newly promulgated training course on law and judicial interpretation was held, and legal experts were invited to explain the newly implemented laws. Some grass-roots courts have formulated a system of holding weekly analysis meetings on enforcement work, in which hospital leaders and judges take turns to introduce the experience and lessons of enforcement work, analyze cases, implement training instead of meeting, and improve the professional quality of enforcement police officers. At the same time, the supervision and restriction mechanism of implementation has been established to strengthen the supervision and management of the implementation team.

Problems and difficulties in implementation.

First, the quality of the executive team is not high, and the foundation of the executive work needs to be consolidated.

-The level of legal services for enforcement judges is uneven. The law awareness of some court enforcement judges is still not strong, and a few police officers have low academic qualifications, low legal professional quality and poor case handling ability, which cannot meet the needs of current enforcement work. Some police officers lack the art of execution, the methods are simple, the measures are not timely, and the timing is not accurate, which leads to some cases failing to achieve the best execution effect. Individual courts even misappropriate and occupy execution funds and materials, which harms the interests of the parties. In recent years, three court leaders in our city have been punished for misappropriating execution funds or informed criticism. Some law enforcement officers sometimes pay more attention to entity execution than legal procedures, and do not strictly follow legal procedures, which artificially causes some cases to be unable to be executed for a long time. Some enforcement police officers arbitrarily add people to be executed, and arbitrarily handle the execution objections raised by the parties. The phenomenon of prolonged indecision and negative implementation is still outstanding, and the suspension of implementation is arbitrary. Some cases have incomplete records, causing unnecessary disputes. Some enforcement judges overemphasized the burden of proof of creditors' property, neglected the responsibility of the court to actively investigate and control the property, and the measures were not timely. In order to pursue a high settlement rate, some enforcement judges arbitrarily suspend execution without exhausting enforcement measures. Other courts give in to the long-delayed "bone case" and "nail case", or are afraid of difficulties and let it go. In addition, there are still some problems in the implementation, such as irregular seizure, excessive seizure and freezing. Some local people have a strong reaction to the phenomenon of "difficult and chaotic implementation" and have more grievances.

-The work style of the senior management team needs to be improved. Some judges do not have a strong sense of fair execution, their style of work is not correct, they lack a sense of responsibility, and the execution of cases is delayed and inefficient, so that some cases that can be completely executed cannot be executed. The bad style of individual executive judges, such as playing with privileges and treating the parties and the masses badly, is still difficult to enter, with ugly faces, ugly words and difficult things. Some judges are undisciplined, and information about enforcement actions is occasionally leaked. Some judges use their power to handle "personal cases", "money cases" and "relationship cases". The illegal execution that should not be executed or should not be executed damages the legitimate rights and interests of the parties and seriously affects the authority and fair image of the court. Some judges failed to communicate and coordinate well when executing cases. For example, in the case of xuwen county Nanshan Town Government defaulting on the execution of project funds, Xuwen Court sealed up and auctioned six pavements in June 2000, and the transaction price was enough to repay the debts owed. In 2002, the case was upgraded to the Municipal Intermediate People's Court for execution. Without handling the property auctioned by Xuwen Court, the executive judge ruled that Nanshan Town Government 136 mu shrimp pond should be sealed up, and it should not be transferred, mortgaged, leased or donated, and the auction property should be evaluated. In 2004, the transaction failed, and it was confirmed that the auction of six pavements by Xuwen court was valid, and the relevant departments were required to handle the relevant warrants for the buyer, resulting in serious losses for the executed person. In recent years, the number of letters and visits about unfair trial accepted by people's congresses at all levels has obviously decreased, but the number of letters and visits executed by complaint courts is still large. The difficulty in implementation is still the focus of attention from all walks of life.

-Lack of cooperation between the trial link and the execution link. Due to the low quality of the trial, the judge's consciousness of cooperation between trial and execution is not strong, and some execution cases are in execution dilemma. In some cases, the quality of legal documents in the trial stage is not high, and there are problems in the expression of judgments, which bring uncertain factors to the implementation and lead to the impossibility or difficulty of implementation; Some cases are divorced from execution, which makes execution difficult. In the filing and trial stage, the preservation measures are not effective, and the measures that need to be sealed up, detained and frozen in advance are not taken in time, and the execution opportunity is missed; Although some cases were preserved, they were not handled in strict accordance with legal procedures, resulting in the sale of preserved property and losses to the parties; In some cases, because the judge gave irresponsible answers when consulting the relevant issues of effective legal documents, the cases that should have been performed soon could not be executed, which led to the parties being too excited and repeatedly petitioning.

-Internal supervision and management need to be strengthened. The executive board of our city's courts has set up the institutions and enforcement agencies to enforce the ruling, and has also formulated corresponding regulations, systems and methods. However, it lacks depth and strength in concrete implementation, and fails to give full play to the role of mutual restriction and supervision. The lack of punishment mechanism and internal supervision of enforcement judges in illegal enforcement cases can not play the due warning and supervision role for other enforcement police officers. There are still weak links in the court's internal management. First, the transparency of case execution is not high. In the process of case execution, the applicants can't know the execution progress in time, especially in many cases where the same person is executed, and different applicants can't know the distribution of the money and materials to be executed. Some people who applied for execution first were executed, and those who applied for execution first were later executed or even not, which made the parties doubt the credibility of the court. Although some cases have been settled, the parties have not been notified for a long time, and sometimes the money and things that have been executed in place cannot be paid to the applicant in full and on time. Second, the internal assessment mechanism of the court is not scientific enough, and the one-sided assessment of the higher court has a high completion rate. In this way, all unfinished suspended cases and cases that do not meet the termination conditions stipulated by law are counted in the total number of closed cases, resulting in puzzling phenomena. On the one hand, the backlog of execution remains high, and the satisfaction rate of the masses is not high. On the other hand, the settlement rate of court statistics is as high as over 80%. Leading the court to pay attention to the superficial implementation rate and ignore the actual effect of implementation. Third, the internal supervision mechanism of the court is not perfect. For example, the management and supervision of seized and detained items are not in place, which still leads to property losses of relevant personnel. In recent years, despite the court's efforts to strengthen the construction of the enforcement team, the phenomenon of violation of law and discipline among the enforcement judges is still outstanding, and some judges even embarked on the road of crime. Chen Guohua, a judge of Mazhang District Court, has absconded with a huge sum of money, which has a bad influence.

Second, the judicial environment is not good and there are many obstacles to implementation.

-Imperfect laws and regulations restrict implementation. At present, there is no civil enforcement law in China, and some legal provisions on enforcement are too general, with limited maneuverability and lack of flexibility. The Supreme People's Court's judicial interpretation is not timely enough, and many new problems in the implementation can not be relied upon, and some still have contradictions and conflicts, which are difficult to adapt to in the implementation process; Laws and regulations have no clear and uniform provisions on the setting of executing agencies, the allocation and responsibilities of executing personnel, the relief and supervision of execution, and lack foresight and legal binding force on the executed person, assisting the executor and some possible problems in the execution procedure. In particular, laws and judicial interpretations lack the necessary coercive means to crack down on those who do not voluntarily perform the judgment or even evade execution. This is an important institutional reason for the difficulty in implementation.

-Departmental regulations and normative documents are in conflict with legal provisions, and there are misunderstandings in their application. Auction evaluation, especially the auction evaluation of state-owned assets, is seriously restricted by administrative power. According to the law, the assisting execution unit cannot substantially examine the content of assisting execution, but in the actual execution process, it does the opposite and requires the court to dispose of the execution property according to the provisions of local normative documents. For example, Guangdong provincial government documents stipulate that the transfer of state-owned land must be auctioned by the local land trading center before the transfer procedures can be handled. The local government also asked the court to hand over the executed land to the land department for auction. If the court does not implement this document, the land auctioned by the court according to law cannot be transferred, which not only affects the authority of the law, but also cannot protect the legitimate rights and interests of bidders.

-the social awareness of law-abiding is not strong, and it is difficult to carry out the implementation work. The social credit system and the open market system have not been fully established, and the debtor's assets are opaque, making it difficult to carry out investigations. Refusal to perform debts has not been negatively evaluated by society, nor is it bound by society. It is difficult to fundamentally change the implementation work by the court alone. Some of the executors have the idea of "debt is reasonable" and "debt is beneficial", and they delay paying off the debts they owe, rely on them and lack credibility. Some of the persons subjected to execution have the ability to perform the judgment, but they maliciously evade their debts. They try their best to transfer, conceal, disperse their property or leave the country, and go out for a long time to avoid debts. Their whereabouts are unknown, and the court can find neither the person to be executed nor the property available for execution. Even if they want to take compulsory measures, they can't implement them, which greatly increases the difficulty of implementation. There are more and more phenomena of confrontation with the law. Some people who have been executed openly flout the judgment of the law, resist the enforcement of the court, insult, besiege and beat the enforcement judge, and even instigate and incite people who don't know the truth to petition collectively, deliberately create troubles to resist the enforcement of the law, and violent anti-law incidents occur from time to time. A considerable number of people in society neither stop nor condemn the act of resisting execution, but connive at it to a certain extent, which makes the illegal act of the executed person have a social foundation, makes the executed person more fearless and makes it difficult to execute. For example, when xuwen county People's Court executed Li's case, it took compulsory measures to bring the executed Li back to the Qujie Court. The relatives of the executed person not only besieged and beat the executed police officers, causing the executed person to escape, but also gathered many people to attack the Qujie court, smashing office supplies such as desks and police mirrors, and smashing the brand of the Qujie court. A judge was besieged and beaten three times in a month while performing official duties in the Qujie court, which had a bad social impact. Especially involving administrative institutions, bankruptcy of state-owned enterprises, traffic accident compensation, criminal incidental civil compensation, etc. It is difficult to achieve. From 2000 to September 2007, among the cases executed by the Municipal Intermediate People's Court, * * 108 cases involving administrative institutions as executors, only 27 cases were closed, with a closing rate of only 25%, and * * 692 cases involving state-owned enterprises as executors, only15 cases were closed. 18 1 criminal incidental civil execution cases, only 7 cases were closed, with a closing rate of 3.9%. A considerable number of cases were closed by suspension of execution, but the cases were not really solved. When the applicant can't realize the creditor's rights, he often takes various methods to pester and visit the house, putting pressure on the government and the court, and the implementation situation is very passive.

-The derivation of protectionism has hindered the implementation of the work. Some units with specific assistance obligations, such as land and banks. Oppose the law with normative documents or even internal documents, some simply obstruct the court's execution, make things difficult for the enforcement judge with various excuses, and even tip off the information to the person being executed. For example, in the case that the City Intermediate People's Court executed the project payment owed by the Kelu Town Government of Leizhou City, when the City Intermediate People's Court deducted the deposit of the executed person from the Agricultural Bank of China, the bank staff took the measures of delaying the notification, resulting in the improper execution of the payment and the siege of the execution judge. In the case of Chikan District Court's execution of Chikan District Industrial and Commercial Bureau's arrears of social security fees, the execution targets of seven cases add up to only a few thousand yuan, but since the judgment came into effect in 2000, under the supervision of Chikan District Political and Legal Committee and the National People's Congress, the unit has not consciously fulfilled it. Derivation of local protection. In the case of imperfect implementation of laws and regulations, local protectionism and personal privileges are derived, which directly affects the normal development of the work. Some government and department leaders have a weak awareness of the legal system, ignore the authority and dignity of the law for the benefit of local and department, abuse their powers, substitute power for law, and illegally interfere in implementation. Some departments do not abide by the law, making it difficult to implement it under various pretexts. Some government and department leaders regard enforcement as a matter of the court and fail to fulfill their legal obligations of assisting enforcement and cooperating with inquiries, resulting in a long delay in the case. Many people who have been executed openly flout the law, refuse to execute the effective judgment, weave an umbrella with the help of local geographical and popularity advantages, and do everything possible to avoid execution.

Three, the court funds are seriously insufficient, which affects the smooth development of the work.

Some suggestions on solving the difficulties in implementation

First, strengthen organizational leadership and establish a comprehensive governance mechanism. Strengthening the leadership of the municipal party Committee over the court's execution work is the fundamental guarantee to solve the implementation difficulties, and comprehensive management of execution work is an effective way to eradicate the implementation difficulties. To this end, first, it is suggested to set up an implementation leading group headed by the relevant leaders of the Municipal Party Committee, with the leaders of the Political and Legal Committee of the Municipal Party Committee, the Municipal Intermediate People's Court, the Municipal People's Procuratorate, the Municipal Supervision Bureau, the Municipal Public Security Bureau, the Municipal Judicial Bureau and other relevant departments as members, strengthen the organization and leadership of the people's courts' implementation work, establish a new mechanism of unified management, unified coordination and efficient operation, effectively resist local protectionism, and effectively increase efforts to solve difficult implementation problems. Second, according to the spirit of Document No.52 [2005] of the Central Political and Legal Committee, it is suggested that the municipal comprehensive management office should include the court enforcement work in the annual target assessment scope of comprehensive management of social security, and comprehensively assess the performance of the township (street), municipal authorities, enterprises and institutions, and villages (communities) in assisting the court to implement their obligations, and at the same time explore the establishment of grassroots assistance implementation networks to cooperate with the people's courts to do a good job in implementation. The third is to establish a admonishing conversation and handling mechanism. For party member cadres who refuse to perform the court's judgment, it is suggested that the Supervision Bureau of the Municipal Commission for Discipline Inspection conduct admonishing talks, and those who still fail to perform their statutory obligations shall be given necessary disciplinary sanctions. Fourth, according to the spirit of the superior documents, it is suggested that the municipal and county (city, district) political and legal committees should supervise the key enforcement cases, support the courts to increase the handling of cases, and eliminate resistance and interference.

Second, strengthen legal publicity and create a good social atmosphere. The two-level courts in the city should further publicize the spirit of document No. The Central Committee 1 1 and the No.52 document of the Central Political and Legal Committee fully realize that doing a good job of implementation is an important content of implementing the basic strategy of governing the country according to law and building a socialist country ruled by law, which is related to safeguarding the legal authority and dignity of the national legal system, the construction of the party's ruling ability, and the embodiment of governing for the people and fair justice. Taking the "Fifth Five-Year Plan" as an opportunity, we will vigorously publicize the relevant laws and regulations on the implementation of the law, and take consciously fulfilling the effective judgment as one of the contents of the current legal education, so as to deepen the masses' understanding of the court's execution and eliminate the misunderstanding of the society on the court's execution. Efforts should be made to improve the legal quality of all citizens, especially leading cadres, administrative law enforcement personnel, legal representatives of enterprises and staff of financial institutions. Through publicity, it is necessary to raise the awareness of the parties to fulfill legal documents and risk prevention, so that more people can understand and support the implementation, establish a good social atmosphere for consciously implementing and assisting in the implementation of effective legal documents, and create a relaxed implementation environment.

Third, actively communicate and coordinate, and establish and implement a deterrent linkage mechanism. The court should take the initiative to strengthen communication with government departments and financial institutions such as land, housing management and banks. , resolve differences, eliminate resistance, form a written document on how to assist the court in execution, and reduce the friction between the court and the relevant departments that assist in execution. Departments with the obligation to assist should actively assist and cooperate with the court in the investigation of execution work and the disposal of execution property, and should not refuse or even obstruct the court's execution work under the pretext of internal documents and internal regulations, so as to effectively improve the efficiency of execution work. The court should share the debtor's information of refusing to execute the effective judgment with other functional departments, such as land, industry and commerce, exit and entry administration, real estate, banks, etc., and establish a linkage mechanism of execution deterrence with them, and make an online announcement to the person subjected to execution who maliciously evades debts and refuses to perform the effective judgment, so that he can't go through the formalities of property transfer, get loans from banks, register enterprises and individual companies, make high consumption and leave the country. We can consider establishing online information to prevent the person subjected to execution from transferring or hiding property, increase the cost and expense of the person subjected to execution to avoid execution, improve the deterrent force of execution and improve the automatic performance rate of effective judgment documents.

Actively strive for the leadership, supervision and support of the Party Committee, the National People's Congress and the government on the implementation work, and actively report the implementation work to the Party Committee and the National People's Congress. For major, difficult, difficult and disturbing execution cases involving mass cases and social stability, we should ask the Party Committee and the National People's Congress for instructions before execution, seek support and help, and work together to solve the "execution difficulties" while trying to avoid the intensification of contradictions and maintain social stability and economic development.

Fourth, take multiple measures at the same time and strengthen implementation. The new civil procedure law has been promulgated and implemented, and there are many hard rules in the new law to strengthen implementation. We should seriously study, deeply understand and make full use of existing laws, regulations and judicial interpretations. On this basis, we should broaden our thinking, actively explore and constantly innovate the implementation methods and methods. According to the specific circumstances of the enforcement case, flexible use of enforcement measures, mainly to persuade and educate the person subjected to execution to take the initiative to fulfill his obligations, supplemented by compulsory measures, to try to urge the person subjected to execution to reach an enforcement settlement with the applicant and to urge the person subjected to execution to take the initiative to fulfill his obligations; For acts of malicious evasion of debts and violent confrontation with execution, make full use of compulsory means given by law, and take timely enforcement measures such as sealing up, seizure, freezing, search, deduction and auction to safeguard the legitimate rights and interests of creditors; For "Lao Lai" who has the ability to fulfill his obligations but refuses to do so, it is necessary to publicly expose them through the news media and urge them to consciously fulfill their obligations; We can refer to the practice of other courts offering rewards to report the debtor's property and mobilizing social forces to investigate the debtor's property; Those who obstruct or illegally obstruct the execution of the court shall be punished according to law, and those who constitute a crime shall be investigated for criminal responsibility according to law. It is suggested to organize an "execution contest" once or twice a year to focus on cleaning up execution cases and maintaining legal authority. The second is to further implement the execution case flow management system that separates execution power from judicial power. Strengthen the guidance and management of execution, standardize the exercise of execution power, standardize the management of execution funds and files, improve the level of execution management, and enhance the transparency of execution. Improve the awareness of actively accepting the supervision of the National People's Congress, all walks of life and the parties to the case, and reduce the occurrence of illegal execution cases. Improve the reward and punishment system, reform the assessment methods and stimulate the enthusiasm of police officers. Third, we must unblock the channels for the masses to appeal for relief and do a good job in the implementation of letters and visits. It is necessary to further improve the mechanism for the implementation of letters and visits, attach importance to the review of letters and visits involving law and litigation, and take flexible, diverse, active and steady measures to deal with the implementation of letters and visits. For cases where the person subjected to execution is not strong in performance ability and the applicant belongs to the social vulnerable groups, we should carefully take measures to suspend or terminate execution, patiently do the applicant's work, gain understanding, reduce the number of appeals and petitions in such cases, and maintain the overall social stability.

Fifth, strengthen team building and improve execution.

Six, the construction of a government ruled by law, and effectively ensure the implementation of the work. Increase the input of court funds to ensure the smooth development of the work.

We will promote the reform of the land acquisition system and better protect the legitimate rights and interests of landless farmers.

China's current land expropriation system came into being in the era of planned economy. Although it has been revised several times since the reform and opening up, the institutional framework has not changed, which neither meets the requirements of social and economic development nor conforms to the law of market economic development, and there are many problems. To this end, the author puts forward the following four reform suggestions:

1, further clarify the collective land property rights.

First of all, it is necessary to formulate laws to clearly define the subject of collective land ownership and who will exercise collective land ownership. Secondly, it is necessary to give collective land ownership complete power, allow collective land to be transferred according to law, and minimize restrictions on collective land ownership. Thirdly, it is further clarified that the ownership of non-agricultural construction and development of agricultural land belongs to the state, because it is conducive to protecting cultivated land and implementing the basic national policy of land. Just as the state has the right to manage collective land, the ownership of non-agricultural construction and development of agricultural land is not contradictory to the full power of collective land ownership. It is suggested that we should pay close attention to the registration and certification of collective land ownership and manage the land contractual management right as the land use right.

2. Reform the compensation standard for land expropriation.

The compensation standard for land expropriation is one of the core issues in the reform of land expropriation system. At present, the compensation method based on the multiple of annual output value has not adapted to the development of market economy, which is not conducive to the smooth progress of land acquisition. The law only sets the upper limit of compensation multiple without the lower limit, which is obviously unreasonable. Compensation for land acquisition shall be made in accordance with the actual land use situation at the time of land acquisition. The land price reflecting the land compensation fee should be the market price, and the compensation for land expropriation should be compensated by introducing market mechanism and market value, which can be determined through evaluation. As far as agricultural land is concerned, agricultural land can be evaluated according to the results of agricultural land grading and combining with the ongoing agricultural land grading and grading work in China.

Another effective way to determine the compensation standard for land expropriation is to scientifically evaluate the comprehensive land price in this area and compensate the landless farmers according to the comprehensive land price in this area. Compensation items and market factors, especially the market price of land contractual management rights, should be comprehensively considered in the regional comprehensive land price. This compensation method has the same effect as the right market value compensation method, but it is more comprehensive and embodies the principle of the same price in the same place.

Resettlement subsidy is a compensation project for landless farmers to lose their jobs or livelihood security. If the land compensation fee has been compensated according to the market price, regardless of the essential characteristics of the social system and the dependence of farmers' livelihood security on the land, the resettlement subsidy can be incorporated into the land compensation fee or the non-resettlement subsidy, which is actually considering the value-added sharing of the development right of agricultural land for non-agricultural construction; Compensation for ground attachments and young crops is compensation for property rights of ground attachments and young crops. Attachments and young crops on the ground are living labor condensed by materialized labor of workers, which can and should be compensated by fixed market losses.

At present, there is a representative view that the unclear scope of land acquisition leads to the abuse of land acquisition rights and infringes on the legitimate rights and interests of landless farmers. Starting with the reform of land acquisition, we must first define and narrow the scope of land acquisition and distinguish between public land and business land. The author disagrees with this view, because the legal status of private economy has been recognized by national laws, and private capital has entered all fields of society. The distinction between public land and commercial land actually excludes the land expropriation of private economy. Moreover, public land and business land cannot be defined. The same transfer of land ownership and different compensation for different purposes is unfair and unexplained to the land-expropriated units. The compensation fee for land expropriation should compensate the loss after the transfer of land ownership. For the purpose of paying different compensation for land expropriation and on the grounds of public interest, there is no need to distinguish between public land and business land, which is difficult to justify and even more difficult to implement.

3. Do a good job in land acquisition and resettlement.

Land is a place where farmers who are truly agricultural or mainly agricultural can settle down. Land is not only the main means of production for most farmers, but also a substitute for social security, which has the functions of living security and unemployment insurance. At present, all localities are market-oriented, exploring various feasible ways and summing up some experiences. However, land acquisition and resettlement cannot be solved by paying resettlement subsidies, nor does it mean "support". Land acquisition and resettlement is actually the transfer of farmers from agricultural posts to other posts. Therefore, land acquisition immigrants should focus on training, and the government should use training as a means to cultivate farmers' labor skills in other jobs to adapt to the labor skills of new jobs. The government can consider sharing the value-added development right of non-agricultural construction with farmers, and can bear the training cost and make a profit, but it cannot blindly force farmers to solve all their problems in the process of land acquisition. In economically developed areas, most of farmers' income comes from outside agriculture, so it is difficult to fulfill the regulation that "the living standard of landless farmers will not be reduced because of land acquisition". Through the urbanization of farmers, promoting urbanization and narrowing the gap between urban and rural areas, the emergence of "three noes" farmers can also be avoided.

4. Strictly regulate the land acquisition procedures.

The process of land expropriation is a serious legal process, and there must be strict legal procedures. Strict land requisition procedure is the guarantee to realize the principles of openness, fairness, justice and high efficiency, and it is also an effective measure to safeguard the legitimate rights and interests of landless rural collectives and farmers. Protecting the legitimate rights and interests of landless farmers means protecting their right to know, participate and appeal. At present, the procedures of "notification, confirmation, hearing" and "two announcements and one registration" are effective, which guarantees the right to know and participate of landless farmers. Of course, we can also increase the public content, for example, the results of agricultural land grading and evaluation and the comprehensive land price in this area. What is lacking at present is the guarantee of "the right of appeal". Land expropriation is based on the coercive power of the state, and it is unfair that the land-expropriated units have only obligations but no rights protection. Land expropriation is compulsory, and compensation and resettlement for land expropriation should be negotiated on an equal footing. Only the provision of "hearing" can not guarantee the due rights and interests of land-expropriated units and farmers, but should give them the right of appeal. If negotiation fails, you can bring a lawsuit directly to the court and seek judicial relief.

To standardize land expropriation, we should also increase the "land handover" procedure. At present, the land approval procedure is "separation of requisition and supply". The right of land expropriation belongs to the people's governments at or above the provincial level, while the right of land supply basically belongs to the people's governments at or above the county level, which just infringes on the rights and interests of land-expropriated units and farmers. Because there is no conflict of interest between the people's governments at or above the provincial level and the land-expropriated units and farmers, the people's governments at or above the provincial level cannot grasp the payment of land acquisition fees, and the land acquisition plan is examined and approved by the people's governments at or above the provincial level. It can guarantee the legitimate rights and interests of land-expropriated units and farmers. After adding the "land delivery" link, even if the land supply plan has been approved according to law, the land-expropriated unit has the right to refuse to hand over the land, effectively preventing local governments or departments from defaulting, misappropriating or intercepting the land acquisition fees. In this way, there is no need to stipulate that if it is not implemented two years after approval, the approval will automatically become invalid.