Research On Public Interest Litigation Of Urban Housing Expropriation

This year, The Regulations on the Expropriation of Houses on State-owned Land and Compensation were promulgated which are regulations about public interest. The regulations further clarify the definition of public interest in Article 10 of the constitution:"Fair compensation shall be made to the owners of the houses to be expropriated in the event of expropriation of houses owned by entities or individuals on state-owned land for public interest". Although it is less completed compared with western countries, this is a progress in our legislation. After the meaning of public interest has been clarified in legislations, it is extremely necessary to improve relevant legislations and set up public interest litigation system correspondingly.Currently, public interest litigations are mostly environmental litigations and consumer protection litigations at home and abroad. There are a lot of cases and trial experience about public interest litigations in environmental protection, in which we can see many laws and regulations for us to learn from, such as the U.S. system of private Attorney General and the French administrative ultra vires. In china, there is still a gap as regard to public interest litigation to fill. We have just clarified the definition of public interest-the basis of public interest litigation, which shows that our laws still have a long way to go.Firstly, starting from the concept of public interest, this article clarifies the relationship among public interest, personal interest and national interest and relevant regulations in the legal system about public interest, in order to understand public interest in public interest litigations, history and definition of public interest litigation and its legal basis; Secondly, we will explore the source of conflict-China's current status of public litigation about urban housing expropriation. We will see why public interest is the key to the problem, why we should start from public interest to solve the urban housing expropriation problem. In addition, we will see the legislative status and defects of current administrative public interest litigations and the necessity and feasibility of setting up administrative public interest litigation. Secondly, taking the system of Britain, the US, France and Continental legal system as examples, this article makes some statements and comparisons among foreign interest litigation. It mainly talks about public interest litigation of America, Britain, France and Japan and the similarities and differences among the system of Britain, the US and France and Continental legal system, hoping to provide some experience for China's setting up of administrative public interest litigation. Finally, by combining the actual situation of urban housing expropriation and the relevant experience of foreign public interest litigation, this article tries to find a suitable mode of public interest litigation and raise the problems we should pay attention to when we set up the administrative public interest litigation. House expropriation has aroused some social problems. Some even intensify social contradictions. Some people take violence to safeguard their own interest, which is the last thing we want to see. This article is to find suitable solutions for contradictions aroused by house expropriation for public interest and provide a way of safeguarding people's rights through peaceful legal means, in order to lessen violent conflicts and social contradictions, to use legal rights as our real weapons and achieve a truly harmonious society at last.