Research On The Public Welfare Complement Of Land Expropriation For Tract Development Standards

In the context of the new round of land reform,narrowing the scope of land expropriation,standardizing land expropriation procedures,and building a unified urban-rural construction land market have become the goals of land expropriation reform,and the marketization of land resource allocation under urban-rural integration has become the direction of China’s land management legal system reform.In this context,in order to balance the contradiction of land expropriation and regulate land expropriation,the Land Management Law confirms the expropriation of land for piecemeal development as a new situation of expropriation of collective land,and subsequently the Ministry of Natural Resources promulgated the "Criteria for Land Expropriation for Piecemeal Development(for Trial Implementation)" to further refine the expropriation criteria,thus forming the basis of the legal regulation of expropriation for piecemeal development.However,due to the two-tier interest structure of tract development and the intervention of private interests,the legality of tract development has been questioned.According to Article 10 of the Constitution of the People’s Republic of China,the important criterion for judging the expropriation of tract development should be "the need of public interest".Although the Land Management Law and the Standards for Piecemeal Land Expropriation and Development(for Trial Implementation)have established a normative framework for land expropriation through the establishment of farmers’ collective voting rights and the negative list system,the lack of legal control over piecemeal development expropriation,as a new legal system,has caused many problems in the process of practical implementation.In the process of implementation of the system,there are risks of missing purpose review,closed expropriation procedures,generalized compensation standards,and difficulty of judicial review,resulting in the double dilemma of the deficiency of public interest expropriation and the lack of realization mechanism,which leads to the real risk of standard failure.To prevent and solve the problem of misconduct in the development of tracts,we should coordinate all parties involved through regulation of power and rights to ensure the realization of public interests.The concept of coordination of interests and collaborative governance in good land governance is a willingness to overcome the structural risk of public interest in the expropriation of land for piecemeal development.On the basis of revealing the risks,we analyze the risks of standard failure based on the concept of coordination and joint governance of interests in good land governance and the three levels of "value","interest" and "subject".From the perspective of coordination of interests,the principle of proportionality can be used to prevent the risk of public interests becoming fictitious and generalized through the refinement of purposeful examination,so as to realize the risk of public interests.From the perspective of coordination of interests,we draw on the logic of land justice to prevent the risk of public interests being lost through the establishment of the public interests sharing pattern at the subject level,so as to achieve the public interests sharing and reinforcement.