| The Chinese Land Administration Law, which was amended in August 2019, establishes two kinds of land expropriation: land expropriation for specific public interest projects and land expropriation for tract development. Although the system of land expropriation for tract development is highly controversial, its basic institutional framework is able to pass the “content prescriptive norms” test and the “boundary control norms” test established in the Constitution for the land expropriation system. To ensure the constitutionality of the institutional content of appropriation of land for tract development, the relevant interpretative legislations must strictly define the substantive standard as construction project needed for “particularly important public interests”. According to the theory of transaction cost, the system of land expropriation for tract development can be applied to specific types of construction projects, such as “construction of economic development zones approved by a provincial government or the central government”, “rebuilding of specific villages in cities” and “comprehensive development projects focusing on public welfare construction”, which meet the standard of “particularly important public interests”. However, whether land expropriation for tract development can be applied to the above mentioned specific construction projects is still a question that needs to be demonstrated by such means as quantitative analysis, production of evidence and giving reasons. |
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