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我国已将土地征收纳入司法审查范畴,但是现有土地征收行政诉讼面临着提起时机滞后、目的合法性审查缺失和土地权利人赢了诉讼、输了土地等诸多困境。这些困境妨碍了司法审查应有职能的充分实现。完善土地征收程序、引入土地征收目的合法性审查制度和诉讼中停止土地征收行为制度等成为土地征收行政诉讼走出困境的可能路径。
However, the existing administrative procedures for expropriation of land are lagging behind the timing of filing, the lack of review of the purpose of legitimacy and the fact that land owners have won the lawsuit and lost land. These difficulties hinder the full realization of the due diligence of judicial review. Perfecting the process of land expropriation, introducing the legal censorship system for the purpose of land expropriation and the system of stopping the expropriation of land during the litigation have become the possible paths for the expropriation of administrative litigation by land.