Research On The Issues Related To The Early Recovery Of State-owned Land Use Rights

Since the fortieth anniversary of reform and opening up,China's economy has developed at a high speed,and the process of urbanization has been accelerating.In order to meet the needs of urban development and public interest,government departments will make appropriate adjustments to relevant planning decisions,among which will involve Early recovery of state-owned land use rights.In order to balance public interests and personal interests,our country's laws stipulate the principle of administrative compensation.In view of the situation of buildings on the land,the operation can be carried out according to the Regulations on the Expropriation and Compensation of Houses on State-owned Land.However,there is no legal regulation at the national level for the absence of buildings on the land,and there is no operational in accordance with.In particular,the land recovery by the government in order to protect the ecological environment has no follow-up development interests and no special financial allocation as support.This has led to the possibility that the government may not perform the recovery and compensation duties due to lack of compensation funds;moreover,due to the inconsistency of the three main administrative actions of land planning adjustment,land reclamation and compensation,the responsibility of government departments is shirked,and it is difficult for land rights holders to seek rights relief.All of the above are catalysts for the frequent reversal of land use rights in judicial practice.However,how to control such behaviors and how the planning changes cause the administrative counterparts to suffer damages,there is no uniform law.It is not uncommon for the public interest to recover the state-owned land use right in advance,which is not uncommon because of the imperfect land reclamation procedures and the compensation system,resulting in many contradictions and legal problems.Gu Min's land recovery case is typical representative.This article is based on a series of disputes arising from this administrative litigation case,which is divided into five parts.The first part of the introduction mainly introduces the origin of the topic and the research status of the topic and the main research methods.In the second part,the relevant case introduction and referee results were made,and the focus of the dispute was raised.The third part analyzes the case from the theoretical basis,conditions,main body,compensation standard and compensation procedure of the state-owned land use right inadvance,and summarizes the problem of early recovery of the state-owned land use right.The fourth part is aimed at the above.The problem puts forward suggestions for improvement,that is,through legislation to further clearly define the subject in the recovery conditions,"public interest",clarify the compensation standards,improve the compensation procedures,and improve the remedies,so that the municipal and county people's governments and their land administrative departments perform their duties.The behavior is further regulated,and the legitimate rights and interests of the state-owned land users are effectively guaranteed.The fifth part is the conclusion,which is mainly to make a simple summary and research outlook for the full text.