闲置国有土地收回的实践困境与高效能治理路径研究——以湘潭市为例

Practical Challenges and Effective Governance Approaches to the Uncompensated Repossession of Idle State-Owned Land—A Case Study of Xiangtan

摘要: 随着城镇化进程从增量扩张转向存量提质，闲置国有土地处置已成为衡量地方政府治理效能的重要标尺。作为全国低效用地再开发试点城市，湘潭市在盘活存量土地、创新处置机制方面积累了较为丰富的实践经验，但闲置土地无偿收回制度在收回行为的法律性质认定、抵押权等第三人合法权益保护、认定标准与处置程序执行、民行救济衔接等方面仍存在明显的实践短板。文章以湘潭市相关实践为切入点，结合行政法学理论与法律经济学的交易成本分析，剖析闲置国有土地无偿收回中收回行为定性不清、抵押权行政法实体保护缺位、认定标准执行不一、程序空转等突出问题及其导致的交易成本上升与资源错配，进而从明确行为性质、构建“存续保护 + 补偿保护”双轨机制、完善正当程序、健全全链条协同治理体系等维度，提出闲置土地收回高效能治理的具体路径，以期为地方政府优化土地资源配置、防范化解处置风险提供参考。

Abstract: As China’s urbanization transitions from incremental expansion to the qualitative improvement of existing urban land, the disposal of idle state-owned land has become an important indicator of local governments’ governance capacity. As a national pilot city for the redevelopment of inefficiently utilized land, Xiangtan has accumulated considerable practical experience in revitalizing existing land resources and innovating disposal mechanisms. Nevertheless, the current practice of uncompensated repossession of idle state-owned land continues to exhibit notable shortcomings, particularly in relation to the legal characterization of repossession measures, the protection of the lawful rights and interests of third parties such as mortgagees, the consistent application of identification standards and disposal procedures, and the coordination of civil and administrative remedies. Drawing on the practice of Xiangtan, relevant theories of administrative law, and a law-and-economics analysis of transaction costs, this article examines the principal challenges arising from the uncompensated repossession of idle state-owned land, together with the resulting increase in transaction costs and misallocation of resources. In response, it proposes a governance framework aimed at improving both the efficiency and legality of idle land repossession by clarifying the legal nature of repossession measures, establishing a dual-track mechanism combining continued protection of existing rights with compensatory protection, strengthening procedural safeguards, and developing a coordinated governance system covering the entire disposal process. This study is intended to provide a reference for local governments in optimizing land resource allocation and preventing and mitigating disposal-related risks.