政府及其土地管理部门依法将土地使用权通过出让划拨等方式确定给使用者后,因法定事由发生将土地使用权予以收回,这是土地管理活动中经常发生的行为。由于收回土地使用权涉及的法律关系复杂且关系到当事人切身利益,由此引发的行政复议、行政诉讼案件日渐增多,在土地管理行政复议、行政诉讼案件中所占比例较大。为规范收地行为,减少行政复议、行政诉讼案件的发生,笔者根据相关法律、法规的规定.就上述收回土地使用权中需注意的几个问题进行探讨。一、作出行政处罚决定收回土地使用权问题 After the government and its land administration department determine the users of the land use rights according to the law, such as assignment and transfer, the land use rights will be recovered due to statutory reasons. This is a behavior that often occurs in land management activities. Due to the complex legal relationship involved in the recovery of land use rights and the vital interests of the parties concerned, the number of administrative litigation cases is increasing due to administrative reconsideration, which accounts for a large proportion of cases in administrative reconsideration and administrative litigation of land administration. In order to standardize the behavior of land resumption and reduce the occurrence of administrative reconsideration and administrative lawsuit cases, the author discusses several issues to be paid attention to in recovering land use right mentioned above according to the provisions of relevant laws and regulations. First, make an administrative penalty decided to recover the issue of land use rights