成片开发征收中公益性要件之认定

适应土地改革发展需要，《土地管理法》新增成片开发征收类型，但实践中存在公益性要件具体内涵不明、认定标准不足和适用类型模糊等问题。成片开发征收的公益性要件融合时间上的阶段性构成和内容上的差异性构成，即前端公益性体现为供应公共产品，后端公益性体现为以片区持续共赢发展为目标的土地综合利用及一定比例公益性用地。基于利益衡量理念，公益性要件认定标准为个人财产及生存利益损失总和与前述公共利益扣减生态等利益损失总和的比值是否远小于1，并应考虑具体公共利益的相关性程度、后端发展持续性和必要性、后端公益性用地的利用效益和其他方式能否解决用地问题。实践中国家级和省级的经济技术、高新技术和工业开发区以及大规模的城中村改造一般可适用成片开发征收，普通商品住房、城镇低效利用地块和乡村特色小镇则应排除适用。

Identification of Public Welfare in Tract Development Expropriation

To meet the needs of land reform and development, Land Administration Law has added tract development as a new type of expropriation based on public interest. However, there are still some problems in tract development expropriation practice, such as unclear content, insufficient test standards and vague application types of public welfare requirements. The public welfare of tract development expropriation integrates the staged composition in time and the different composition in content, that is, the front-end public welfare is embodied in the supply of public goods, and the back-end public welfare is embodied in the comprehensive utilization of land and a certain proportion of public welfare land aiming at sustainable and win-win development of the tract. Based on the concept of interest measurement, the test standard of public welfare requirements for tract development is whether the ratio of personal interests of property and survival interests to public interests, which are the summation of the aforementioned public interests and the deduction of ecological public interest loss, is far less than 1. And the correlation of specific public welfare, sustainability and necessity of back-end development, utilization efficiency of back-end public welfare land, and whether other ways can solve land-use problem should be considered at the same time. In practice, national and provincial economic and technological, high-tech and industrial development zones as well as large-scale urban village reconstruction can generally be applied to tract development expropriation, while ordinary commercial housing, inefficient land use in urban and rural characteristic town should be excluded.