Jing Lihua Co. V. Ping Shan City Hall Land Case

Land is a special commodity and limited valuable non-renewable resources and public assets. Thirty-five years of reform and opening up, China’s urbanization process is accelerating, urban construction land demand is increasing, land supply and demand have become increasingly prominent, state-owned land use right of land use management in the recovery to become an important part. In real life, the government needs to be based on the public interest in advance to recover the use right of state-owned land is more and more, but because of China’sland system is not perfect, caused many conflicts and legal problems in practice, Ping Shan municipal people’s government for the public interest requires the advance recovery of Jing Lihua Industrial Co. Ltd of state-owned land use rights case is typical representative.This paper is a series of disputes with the land administrative litigation case caused as the starting point to discuss, through the analysis of Xinfeng District Pingshan city officials call the Ping Street offices within the use right of state-owned land, the purpose of the "public interest" is defined, and difference,land expropriation standard of compensation and recovery procedures,pointing out that China’s current legal system of land to the outstanding problems existing provisions to "public interest" for the purpose of recoverybehavior, and to further perfect our country’s land system, the establishment of a scientific and rational the use right of state-owned land to recover thesystem were discussed, and puts forward some opinions and opinions.First of all, should be to recover the condition in the "public interest" areclearly defined. Secondly, to distinguish the recall decision authority of land use rights and implementation of specific organ. Third, to establish a scientific and reasonable compensation standard. Fourth, to set up independent strictwithdrawal procedures. To pass legislation to further improve the aboveseveral aspects of the system, so that the people’s Government of a city,county land administrative departments to recover its responsibility to further standardize the behavior of people, the use right of state-owned land rightsguarantee.