On The Validity Of Collective Land Expropriation Decisions And Their Effect On The Point Of Change Of Land Ownership

According to Article 229 of the Civil Code,a change in land ownership occurs when a government decision on expropriation takes effect.However,judging from the newly amended Land Administration Law and the Implementing Regulations of the Land Administration Law,the legislature has still not clarified the point in time when a land expropriation decision takes effect at the legislative level for various reasons.How to determine the time when the expropriation decision takes effect in the process of collective land acquisition is controversial in both academic and practical circles.In judicial practice,there are a few decisions that take the time when the land expropriation approval is made as the point of transfer of property rights,resulting in the expropriated persons in the relevant cases being deemed as not having the qualification of plaintiff subjects when seeking relief in the subsequent links,thus not meeting the conditions for administrative litigation.In order to protect the legitimate rights of the expropriated persons and to unify the scale of court decisions at all levels,it is necessary and urgent to clarify the point of time of transfer of land ownership in collective land expropriation through legal interpretation.