论农地的公益性及农地征收中的公益衡量

The Character of Public Welfare of Farm Land and the Balancing of Public Interests in Farm land Expropriation

我国的农地是农民集体与集体成员的财产而不是公共财产,但同时却承载着法律保护的公共利益,如经济安全、环境保护与社会稳定。因此,农地征收内含着目的公益与客体公益的冲突与平衡问题。鉴于我国现行农地征收制度与实践对农地公益保护的不足,建议未来的集体土地征收立法改进农地公益保护模式,提高农地征收的公益标准,仅将重大公益作为农地征收的目的要件,严格控制重大公益的范围,并健全公益审查程序,以实现农地公益与征收公益的平衡。

Farm land is the property of the farm collective and its members in China. It isnot the public property, but bears the characteristics of public welfare, such as economic security, environmental protection and social stability. There is the conflict of public interests between the purpose and object of land expropriation. In view of the fact that the existing legal system for land expropriation cannot protect the public interest of farm land efficiently, and we should improve the sys- tem of farm land expropriation, including raising the public interest standard, strictly defining the scope of public interests and perfecting the relevant legal process to balance various kinds of public interests contradicting each other. Farm land is the property of the farm collective and its members in China. It is not the public property, but bears the characteristics of public welfare, such as economic security, environmental protection and social stability. There is the conflict of public in- terests between the purpose and object of land expropriation. In view of the fact that the existing legal system for land expro- priation cannot protect the public interest of farm land efficiently, and we should improve the system of farm land expropriation, including raising the public interest standard, strictly defining the scope of public interests and perfecting the relevant legal process to balance various kinds of public interests contradicting each other.