土地征收中公共利益的经济学界定

Defining Public Interest in the Land Expropriation According to the Theory of Economics

以经济学为视角,土地征收中公共利益的认定标准为效率与公平,而集体土地产权制度的缺陷、政府垄断土地一级市场的现象及权力寻租和土地外部效应带来公共利益的损失。从经济学的角度界定公共利益内涵应满足资源最优配置、公平公正的补偿、全社会福利最大化三个目标。用成本收益分析法量化公共利益的经济学边界,为公共利益的界定提供客观明确的判断标准,使对公共利益的判断更具可行性与可操作性。

From the economics perspective, efficiency and equity is the judging standards for the public interest in the land expropriation. However, the loss of public interest is the result of the institutional drawbacks in the collective property right of rural land, the phenomenon that the government monopolizes the elementary land market, as well as power rent-seeking and external effect of land. This paper argues that defining the connotation of public interest economically, three targets should be achieved, namely optimal allocation of resources, fair and just compensations, and the maximization of social benefits. The border of economics with regard to public interest can be quantized by the cost-benefit analyses, which can provide objective and clear criteria standards for the definition of public interests. As a result, the judgments on public interest will more feasibility and operability.