| The Land Administration Law, which was revised in 2019, does not take the narrow view of public interest, but incorporates tract development into the scope of land expropriation. Incorporating tract development into land expropriation helps the supply of public goods, resolves the problem of externalities of land use, and facilitates the distribution of land profit and the implementation of city planning. In fact, tract development is the necessary foundation of industrialization and urbanization in China. Moreover, based on the developmental nature of public interest, incorporating tract development into land appropriation does not necessarily go against the connotation of public interest. On the contrary, it is consistent with the national condition in China. Compared with the four previous subparagraphs of the first paragraph of Article 45 of the Land Administrative Law, the subparagraph on tract development does not have a strong public interest nature and has the risk of being abused. To prevent the abuse of land expropriation in tract development, China should not only exercise prior internal control by planning and approval, but also strengthen external supervision through democratic participation and judicial review, as well as formulate substantive regulation around public goods and distribution of land profit. Local governments are required to provide corresponding public goods, set up pre-procedures for bargaining purchases, introduce mechanism for the compensation for reserved-land arrangement, and reform the land use assignment fee system, so as to provide institutional guarantee for urban-rural integration and the distribution of land profit. |
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