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To respect private property rights, Article 11 of Land Expropriation Act stipulates that prior to applying for the expropriation of land, the land use applicant should negotiate with the owners in advance. Although this statutory procedure has contributed to reduce the number of land expropriation cases, it has also raised other issues, such as : (1) Different in the effect of acquiring land rights between negotiation and expropriation. (2) Different on the duty of waste disposal for the landowner of negotiation or expropriation. (3) The landowner who reach to the agreement may not have the redemption right. This study adopts empirical legal study to collect judicial judgments related to the statutory negotiation, and selects appropriate cases to analyze issues with significant differences in the effectiveness of negotiation and expropriation, and to explore the impact and rationality. This study finds that many controversial issues in the practice are due to the differences in effects between the contract and expropriation. This study considers that the contract of statutory negotiation has strong public interest in terms of purpose, and there is no difference in the compensation conditions compared with expropriation. So the statutory negotiation can be considered as a Broad Expropriation, and the contract of statutory negotiation should be formed according to the law and legal principles, regarding the formation and interpretation of the contract, it should be subject to the same restrictions and guidelines as the land expropriation. Therefore, controversial issues related to the statutory negotiation should be resolved according to this concept.
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