作為徵收的國有土地使用權公益性收回

國家為了公共利益提前收回國有土地使用權的行為被定性為行政處理，需要進一步歸類。徵收主要針對所有權，也向其他權利開放，作為徵收客體的其他權利要與所有權具有“家族相似”。國有土地使用權有相對於所有權的獨立性，與所有權相似，可以作為徵收客體。公益性收回國有土地使用權對財產權構成剝奪效果，與徵收效果相同。公益性收回國有土地使用權的理由和徵收的理由相同，都是基於公共利益。將公益性收回國有土地使用權歸類為徵收後，對《國有土地上房屋徵收與補償條例》和《土地管理法》規定的徵收制度稍加改造，即可構造出作為徵收的公益性收回國有土地使用權的基本制度，有利於降低立法成本，有利於“類案同判”，有利於對國有土地使用權提供可預期的保護。

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 categorizing 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 Regulations on the Expropriation of and Compensation for Houses on State-Owned Land and the Land Management 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