Research On The Reform Of China’s Land Expropriation Approval System

In the era of planned economy,the land expropriation approval is attached to the specific economic construction plan,and it essentially belongs to the approval procedure of land supply.On the basis of land-use control,the Land Management Act of 1998 established centralized procedures for the conversion of agricultural land and approval of land expropriation.To realize the government’s monopoly on the land market,the land field forms an integrated process of "conversion--expropriation--supply".The land expropriation approval system has the characteristics of administrative closure and non-case examination,and it takes the index decomposed layer as the standard of approval.The control of land expropriation deviates from the requirement of public interest expropriation set by the Constitution.The Land Management Act of 2019 was amended,providing the entity content of the public interest and adding procedural provisions before approval,but it is still unable to solve the problems of unclear legal attributes of land expropriation approval,mixed approval of land expropriation and approval of conversion of agricultural land and failure to implement public welfare identification.On the basis of establishing an independent land expropriation decision system,the approval system should be regarded as the insider legal supervision mechanism of public interest determination.Moreover,the examination standard of land expropriation approval is not the index of land use decomposed layer,but should examine the documents such as land expropriation explanation,hearing record and so on.Besides,the method of proportion principle shall be used.Due to the inevitable mixture of public and commercial interests,the standards should be formulated by the NPC and its standing committee.Based on the theory of "ensuring public welfare in planning",the government shall submit an application for the development of a piece of land in accordance with the general land use regulations Planning,integration into national economic and social development plans,besides the conformity with the criteria for development in pieces are reviewed.Under the model of collective land expropriation,the relevant planning is a necessary and insufficient condition,thus the approval authority still needs to bear the responsibility of demonstrating the balance between public welfare and private interests.In order to reasonably coordinate the land value-added income in the land expropriation,we can draw lessons from the model of the land offset in the collective expropriation of Taiwan area in the future,and make the specific determination of the proportion of the land offset by the approval authority,so as to realize the cooperative development and enhance the level of the rights protection of the expropriated person.