重构土地行政诉讼受案范围

Reconstruct land scope of accepting cases of administrative litigation

土地纠纷的逐年增长折射出在工业化过程中,城市化与农业安全之间均衡协调的失败,表明了二者之间的紧张关系。有效的解决土地纠纷以达到均衡城市化和农业安全,成为经济进一步发展需要解决的首要问题。土地行政诉讼的受案范围决定了司法权干预土地行政权的范围,也决定了对土地权利保障的范围。土地行政诉讼范围的合理界定是有效解决土地纠纷的关键,也是司法回应时代的召唤。

Land disputes increased year by year reflects that in the process of industrialization, the failure of coordination between urbanization and agricultural security and also shows the tensions between the two. Effectively resolve land disputes to achieve a balanced urbanization and agricultural security, become the primary problem of further economic development needs to solve. The case range of administrative litigation decides the scope of judicial power intervention of administrative power, also determines the scope of protection of the rights on the land. The reasonable definition of land scope of administrative litigation is the key to resolve land disputes effectively, is also a judicial response to the call of the Times.