土地征收中公共利益条款适用的困境及其对策

高飞

PDF
Cite
Share

facebook

twitter

google

linkedin

April 2020

Article Contents

Citation: Fei GAO. Difficult Position and Its Countermeasure Suitable to the Terms of Public Interests in Land Collection[J]. Academic Monthly, 2020, 52(4): 109-117. shu

Difficult Position and Its Countermeasure Suitable to the Terms of Public Interests in Land Collection

Fei GAO

Abstract

The new Law of Land Management clearly defines the terms of public interests in the system of land collection. Ever since the founding of the People’s Republic of China, “national construction” has gradually become a substitute term for “public interests” in the system of land collection, which has many-sided influence on the understanding and application of the terms of public interests after the new law based on a consistency of the law enforcement of the government. The character of public-private interests mixture as the target of land-developing should be displayed for setting-up standards, the process of land collecting and the standards of compensation, etc., in “large space development” as a type of public interests in starting land collection. By the logic of system, there appears a crack between land collection and the in-market of the collective land for business construction, as well as a crack of using land-planning right for land collection rights. In this case, it is necessary to systematically explain the related policies, so as to meet the regulations efficiently. The idea of compensation for land collection lags behind, and there exists a clash in the mechanism of revaluation between the established non-marketing standard of compensation and the mechanism of value-added distribution system in the in-market regulation for the collective business construction land. It is highly necessary to turn the idea of land compensation to the market, and to introduce the tax system for the second time distribution for the purpose of value conformity of the two systems in the distribution mechanism of value-added land.
- public interests,
- large space development,
- in-market of collective business construction land,
- land-planning right,
- compensation for land collection
References
Access
1. [1]
  Jiming CAI , Minsi ZHENG , Mengxing LIU . The Criteria for Judging Whether China Economic and Social Development Plans are Scientific and Reasonable. Academic Monthly, 2019, 51(9): 46-56.
2. [2]
  Yilong WU . Difficult Position and Theoretical Error of Collective Business Construction Land Market. Academic Monthly, 2020, 52(4): 118-128, 141.
3. [3]
  LI Mengmeng . The Impact of Rural Collective Operating Construction Land Entering the Market on the Income Gap between Urban and Rural Areas. Academic Monthly, 2023, 55(10): 49-60.
4. [4]
  Liang GUO . The Order outside of the Law: “Habitual Interests” in Land and Its Governance. Academic Monthly, 2022, 54(7): 107-116.
5. [5]
  . . Academic Monthly, 2016, 48(11): 84-94.
6. [6]
  Jie CHEN , Yidong WU . The Possible Conflict between the Housing Rights and the Rights to Public Services Availability in the Process of “Equal Rights between Buyer and Tenant”. Academic Monthly, 2019, 51(2): 44-56.
7. [7]
  Siyou GE . On the Vacillations of Public Justification. Academic Monthly, 2020, 52(7): 14-23.
8. [8]
  Xiaojun CHEN . The Reform Policy of Farmland “Separation of Powers” Written into Law and Its Relieving Obstacles in Enforcement. Academic Monthly, 2019, 51(1): 87-95.
9. [9]
  Ming CHEN . The Formation and Reconstruction of Jiti: Political Logic Analysis of Collective Ownership of Rural Land. Academic Monthly, 2019, 51(4): 84-93.
10. [10]
  Ji ZHAO . Complexity and the Reconstruction of Public Administration. Academic Monthly, 2023, 55(2): 80-91.
11. [11]
  Qun LUO . Study on the Reclamation and Development of Yunnan Border Areas in the Republic of China. Academic Monthly, 2018, 50(10): 159-174.
12. [12]
  Xuefeng HE . Logic and Error in Policy of Increase and Decrease Link-Up of City-Country Construction Land. Academic Monthly, 2019, 51(1): 96-104.
13. [13]
  CHEN Shiyi . Economic Growth and Environmental Justice —— Evidence from China's Economic Zone Program. Academic Monthly, 2023, 55(7): 31-45.
14. [14]
  WANG Rigen . The Collapse and Development of Sandbars at the Mouth of the Yangtze River from the Qing Dynasty to the Republic of China—— Centered around Changshu and Jiangyin. Academic Monthly, 2024, 56(3): 184-195.
15. [15]
  Shuisheng CHEN . Public Policy Failure and Its Prevention: An Integrated Analysis Framework. Academic Monthly, 2022, 54(2): 91-102.
16. [16]
  . . Academic Monthly, 2017, 49(02): 80-95.
17. [17]
  Pingxin LU . On Interpretation of the Right to Equality: Structural Reason and Hermeneutic Analysis. Academic Monthly, 2022, 54(11): 107-120.
18. [18]
  Zhang Jiang , Habermas . . Academic Monthly, 2018, 50(5): 5-13.
19. [19]
  . . Academic Monthly, 2017, 49(09): 145-160.
20. [20]
  Yang WANG . From Ususfructus to Habitatio: The Evolution History of Servitutes Personarum in Roman Law. Academic Monthly, 2019, 51(7): 101-112.

Get Citation

PDF

XML

Entire Issue PDF

Article Metrics

Article views: 1545 Times PDF downloads: 15 Times Cited by: 0 Times

Metrics

PDF Downloads(15)
Abstract views(1545)
HTML views(353)

Latest
Most Read
Most Cited

通讯作者: 陈斌, bchen63@163.com

1.
沈阳化工大学材料科学与工程学院沈阳 110142

Difficult Position and Its Countermeasure Suitable to the Terms of Public Interests in Land Collection

Fei GAO

Available Online: 2020-04-01

Abstract: The new Law of Land Management clearly defines the terms of public interests in the system of land collection. Ever since the founding of the People’s Republic of China, “national construction” has gradually become a substitute term for “public interests” in the system of land collection, which has many-sided influence on the understanding and application of the terms of public interests after the new law based on a consistency of the law enforcement of the government. The character of public-private interests mixture as the target of land-developing should be displayed for setting-up standards, the process of land collecting and the standards of compensation, etc., in “large space development” as a type of public interests in starting land collection. By the logic of system, there appears a crack between land collection and the in-market of the collective land for business construction, as well as a crack of using land-planning right for land collection rights. In this case, it is necessary to systematically explain the related policies, so as to meet the regulations efficiently. The idea of compensation for land collection lags behind, and there exists a clash in the mechanism of revaluation between the established non-marketing standard of compensation and the mechanism of value-added distribution system in the in-market regulation for the collective business construction land. It is highly necessary to turn the idea of land compensation to the market, and to introduce the tax system for the second time distribution for the purpose of value conformity of the two systems in the distribution mechanism of value-added land.

HTML

Relative (20)

DownLoad: Full-Size Img PowerPoint

Return

Difficult Position and Its Countermeasure Suitable to the Terms of Public Interests in Land Collection

Abstract

References

Access

Article Metrics

Metrics

通讯作者: 陈斌, bchen63@163.com

Difficult Position and Its Countermeasure Suitable to the Terms of Public Interests in Land Collection

HTML

目录