关键词: 成片开发, 公共利益, 扩张型, 限缩型, 比例原则, 入市优先权, 土地增值收益权

Abstract: The weakening of public welfare of land expropriation tract development increases the risk of local governments abusing the expropriation power,endangers the legitimate rights and interests of the farmers,and “squeezes” the applicable space of the collective construction land market system. In order to avoid blocking the process of national economic and social development and urbanization, this paper used normative analysis method and literature research method to compare the“Detailed Rules for the Implementation of Land Expropriation Standards for Tract Development”published by provincial government,sumed up the tract development into expansion type and limitation type,expounded the weakening phenomenon of the public welfare of tract development. This paper analyzed the potential legal risks of the weakening of public welfare, and embedded the land expropriation tract development system in the public and private interests balance framework, put forward targeted legal reinforcement recommendations,in order to promote urbanization construction and protect the legitimate rights and interests of the expropriated farmers to provide help.

Key words: tract development, public interest, expansion type, limitation type, proportional principle, priority of market entry, land appreciation proceeds right