论我国土地征用制度的完善

公共利益在市场中无法自动实现 ,政府是实现公共利益的主体。为实现公共利益政府可发动土地征用权 ,公共利益是土地征用权的依据和界限。土地征用必须保证征用的土地与公共利益目标相当。土地征用权的滥用表现在征用的土地与所追求的公共利益目标不相当及土地征用补偿费用给付过低 ,土地征用制度的完善应从这两个方面着手。

On the System of Land Taking Over

The public benefits can't realizes automatically in the market, the government is a corpus to realizes public benefits. For realizing the public benefits government can launch the power of land taking over, the public benefits is a basis and boundary of land taking over power. The land taking over must guarantee the land taking over can be equal to public benefits target. The abuse of land taking over power exist in the two aspects, one aspect is the land taking over is not equal to the public benefits for pursuing target, the other one is the expiation expenses of land taking over paid too low. The improvement of institution of land taking over should be set about from the two aspects.