How Can the Risk of Misconduct in Land Expropriation for Tract Development Be Prevented and Mitigated: A Study of “Good Land Governance” Inspection in China

Lingling Li (), Yansong He and Changjian Li
Additional contact information
Lingling Li: School of Humanities and Social Development, Northwest A & F University, Yangling, Xianyang 712100, China
Yansong He: School of Humanities and Social Development, Northwest A & F University, Yangling, Xianyang 712100, China
Changjian Li: School of Law, Huazhong University of Science and Technology, Wuhan 430223, China

Land, 2022, vol. 11, issue 11, 1-23

Abstract: In the context of China’s new round of land reform, narrowing the scope of land expropriation, standardising the procedures for land expropriation, and building a unified urban and rural construction land market have become the objectives of land expropriation reform. The new Land Management Law of the People’s Republic of China confirms land expropriation for tract development as a new situation for the land acquisition system. However, in the process of implementing the system, the new land acquisition mode is plagued by the dual dilemma of the falsification of public interests and the lack of a mechanism to realise public interests, which leads to the real risk of misconduct in standards. The concept of the coordination of interests and co-operative governance in “Good Land Governance” is a sure way to overcome this structural risk. The article analyses the causes through the lens of “Good Land Governance” and concludes that the risk of failure of the standards can be addressed through the binary public good remedy: On the one hand, from the perspective of coordination of interests, drawing on the principle of proportionality, the system can be built by improving the way of purposeful examination, so as to achieve the effect of preventing the risk of deflating and generalising public interests in order to achieve the effect of realising and reinforcing public interests. On the other hand, from the perspective of synergistic shared governance and drawing on the logic of land justice, institutional insight can be built by way of establishing a pattern of shared public interest, thus achieving the effect of preventing the risk of public interest erosion in order to achieve the effect of shared public interest replenishment.

Keywords: land expropriation for tract development; public interest; risk of standard failure; “Good Land Governance”; dualistic public good remediation (search for similar items in EconPapers)
JEL-codes: Q15 Q2 Q24 Q28 Q5 R14 R52 (search for similar items in EconPapers)
Date: 2022
References: View references in EconPapers View complete reference list from CitEc
Citations:

Downloads: (external link)
https://www.mdpi.com/2073-445X/11/11/2019/pdf (application/pdf)
https://www.mdpi.com/2073-445X/11/11/2019/ (text/html)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:gam:jlands:v:11:y:2022:i:11:p:2019-:d:969763

Access Statistics for this article

Land is currently edited by Ms. Carol Ma

More articles in Land from MDPI
Bibliographic data for series maintained by MDPI Indexing Manager ().