The recovery of the right to use state-owned land for public interests,which has been characterized as an administrative decision,needs further classification.Expropriation is mainly aimed at ownership,but also open to other rights,which means that there is"family resemblance"between other rights as objects of expropriation and ownership.The right to use state-owned land is independent from ownership,but still similar to ownership,and hence can be the object of expropriation.The recovery of the right to use state-owned land for public interests deprives property rights in effect,and has the same effect as expropriation.The recovery of the right to use state-owned land for public interests is based on the same grounds as expropriation,and both are justified on the grounds of public interests.After cate-gorizing the recovery of the right to use state-owned land for public interests as expropriation,its basic system can be constructed with a slight modification of the expropriation system provided for in the Regu-lations on the Expropriation of and Compensation for Houses on State-Owned Land and the Land Man-agement Law,which is conducive to the reduction of the cost of the legislation,to the fulfillment of"treating like cases alike"and to the predictable protection for the right to use state-owned land.
Right to Use State-owned LandRecoveryExpropriationAcquisitionCompensation
万方数据
维普
