Study On The Problem Of Land Expropriation Of Mixed Type Interests Land Project Which Has Both Public And Private Interest Attributes

If we want to break the sharp contradiction between accelerating process of theurbanization and the quantity of the surplus cultivated land has drawn near1.8billionmu red line, we should follow the compact urban development philosophy and renew theland acquisition system in China. So, in this paper,with compact urban developmentphilosophy for perspective, the author conducts in-depth and detailed study on theproblem of land expropriation of mixed type interests land project which has both publicand private interest attributes, combines the relevant formulations of The NationwideMain Body Function Region Planning,and put forward the principle program of the newland expropriation system which based on principles that urban district and rural districtshould be different and different regions also should be different.More Specifically Speaking, this paper is composed by five parts. In the firstpart,the author reviews the problems which exists in the process of city development inChina, and deem that China’s urban development exists three major problems:thesprawl development mode lack sustainability,cultivated land reduces year by year andhas drawn near1.8billion mu red line, the large-scale urbanization process is in theascendant. In view of the above three problems, the author deems that we should followthe compact urban development philosophy, and should go intensive city developmentway. In the second part of the paper, the author reviews the compact urban developmentphilosophy’s origin, genre and basic connotation, in order to provide the correct angle ofview and guideline for the rethink and reconstruct the current land expropriation systemin the following passages.Finding the accurate reference frame and acting point, we just possible build upmixed type interests land project’s land expropriation mechanism which fits the compacturban development philosophy, so in the third part of this paper, the author make asystematic examination on the contradictions between current land expropriation systemand compact urban development philosophy, from three aspects consisting of the rangethat land expropriation power can use, the land expropriation procedures and the landexpropriation compensation and resettlement scheme, and accords to two dimensionswhich consisting of the urban land expropriation and the rural land expropriation. After the examination, the author finds that really exist numerous contradictions betweencurrent land expropriation system and compact urban development philosophy, thus,capturing the focuses of infection for the construction of the new system.In the fourth part of the paper, the author make a meticulous examination on theUnited States, France, the Netherlands, Taiwan, and other countries’ and regions’ relatedexperience in legislation about the range that land expropriation power can use. In thispart, the author divides the countries’ and regions’ legislative attitudes on using the rightor land expropriation mentioned above into three categories, that is, very strictly restrictlegislative mode, moderate restrict legislative mode and indirectly restrict legislativemode, and analyses the advantages and disadvantages of each legislative mode, therebyprovides supports at the level of comparative law for the construction of the new systemin the following part of the paper.In the fifth part of the paper, combing related provisions of The Nationwide MainBody Function Region Planning, the author put forward the construction scheme whichbases on principles that urban district and rural district should be different and differentregions also should be different. the author deems that,on the one hand,with regard tothe land expropriation which happens on the city stock land,we should adopt indirectlyrestrict legislative mode, in other words,we should translate the issue of public interests’identification into the formulation of the land and urban planning which complies withthe compact urban development philosophy; with regard to the land expropriation whichhappens on the rural area,we should adopt moderate restrict legislative mode, that is, theland expropriation happens on the rural area should be moderate restricted, and mustpass public interests confirmation process. On the other hand, we should acceptguidance of the land resource development principles that different regions also shouldbe different, according to the urban construction land use arrangements for differenttypes of development areas provided by The Nationwide Main Body Function RegionPlanning, set up differentiation standards in the aspect of the land expropriationcompensation and resettlement, in order to embody the government’s encourage orsuppression intentions for land expropriation activities in some kind of developmentareas. On the basis of the above two lending principles, the author put forward a copy ofconstruction scheme for the new land expropriation system——the land expropriationsystem of mixed type interests land projects.