集体土地征收中“公共利益”被泛化的根源与化解路径探析

Analysis on the Root and Resolution Path Which the Public Interest was Generalized in the Course of Collective Land Acquisition

集体土地所有权产生的背景基础与社会功能定位是导致土地征收"公共利益"被泛化的深层原因;现行法律规定的内在冲突是导致土地征收"公共利益"被泛化的法律根源;现行财税体制及征地制度与供地制度之间的巨大利益空间是导致土地征收"公共利益"被泛化的现实根源;社会性质和传统经济体制是导致土地征收"公共利益"被泛化的体制根源;政府对土地一级市场的垄断是导致土地征收"公共利益"被泛化的直接原因;私权意识淡薄是影响土地征收范围的深层思想根源。集体土地征收中"公共利益"泛化的化解路径包括:长期目标和近期目标相结合,逐步缩小土地的征收范围;挖掘存量建设用地潜力,切实提高土地集约利用水平;建立合理的征地补偿和利益分享机制,有效限制国家征地权。

The background in which collectivity ownership of land is produced and the orientation of our social function are the deep-rooted reasons for the generalization of the ＂public interest＂ concerning takings of land. This generalization had its legal origin in the internal conflict of the current legal provisions. It results in effect from the current tax system and the immense benefit space between the takings system and the supply system. The nature of our society and the traditional economic system serve as the： system origin of this generalization. The monopoly of the government on the first-level land market is the direct reason of this generalization. And the dim consciousness of private rights is the deep inward origin that affects the scope of land takings in our country. Solutions to this generalization include： combining the long-term target with the short-term one so as to narrow down the scope of takings gradually; digging up the potentials of the reserved land for construction so as to improve actually the level of using land consolidation; establishing the mechanism for reasonable compensation and benefit sharing so as to restrain eminent domain of the government.