On The Legal Issues Of Early Recovery Of The Right To Use The Transferred Land

With the rapid development of urbanization,land plays an increasingly important role in the development of national economy.However,land is a non-renewable limited resource.Under the premise of limited total land resources,how to improve the utilization efficiency of limited land resources has become an urgent problem for all countries in the world.Therefore,it is a good choice to recover the land use right in advance.However,the situation of early recovery of the land-use right will be limited under the precondition of public interest.Under the current legal system,there is no uniform and perfect legal document to regulate the system of withdrawing the land-use right in advance due to public interest,and the provisions on this system are only scattered in different legal documents.Not only that,the provisions on the system of early recovery of land use rights are mostly highly generalized,which also brings some difficulties to the enforcement of the administrative subject.In addition,the recovery of the right to the use of the transferred land involves the conflict between public power and private right,and once handled improperly,the adverse impact will be unimaginable.Based on this,it is necessary and valuable to study the behavior of taking back the transferred land use right in advance due to public interest.Therefore,the first part of this paper first introduces the general situation of the system of early recovery of transferred land use right,including the historical development of the system of early recovery,the concept of early recovery due to public interest and the legal nature of early recovery of land use right belongs to administrative expropriation.The second part focuses on the substantial elements of early recovery of land use right,that is,the substantial identification of public interest.By analyzing the differences between public interest and commercial interest,it deepens the judgment and understanding of public interest elements in the specific situation of early recovery of transferred land use right.The third part mainly compares and reviews the specific implementation procedures of land use right recovery in advance in different regions in China,explores and elaborates the defects and deficiencies in the recovery procedures,and puts forward Suggestions on improving the recovery procedures at the level of central legislation.Finally,this paper summarizes the defects and problems existing in China's current regulations on administrative compensation for the recovery of land use rights,and puts forward my own opinions in terms of relevant compensation standards,methods and contents,and the improvement of land value assessment.