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土地征收,是指国家为了公共利益目的,以补偿为条件,通过行政机关强制“剥夺”他人土地所有权和他物权的行为。由于其“剥夺”性,尤其是在法律不健全、不严格按照法律规定的条件和程序下进行,必然造成对他人物权的侵害。国家基于主权,为了公共利益可以行使土地征收权以满足社会公共利益需求,增进社会公共福利。但公共利益是一个抽象的概念,为了防止判断公共利益的任意性,应
Land expropriation refers to the state’s compulsory “deprivation” of the land ownership and other real rights of others through administrative agencies on the condition of compensation for the purpose of public interest. Because of its “deprivation ” nature, especially in the law is not perfect, not strictly in accordance with the conditions and procedures prescribed by law, will inevitably result in infringement of the real rights of others. Based on the sovereignty of the state, the state may exercise the power of expropriation of land for the public interest so as to meet the needs of social public interest and promote public welfare. However, the public interest is an abstract concept. In order to prevent judging the arbitrariness of public interests,