On Public Interest In Administrative Law

As the subject of the science of administrative law, public administration exists for the reason of the public interest is the most important reason why public administration has to exist. So, public interest is an important topic in administrative law. However, on one hand, agreement has not been reached on what's"the public interest"; on the other hand, individual rights are violated endlessly in the name of"the public interest". It is necessary and urgent to study on the public interest from the angle of administrative law. There are 6 chapters in this paper. Land expropriation is taken for instance to analyze the public interest.Chapter 1 is to discuss how the problem of public interest develops in land expropriation. In this part, the writer point out that the use of expropriation power leads to a series changes of interest relationships and all these are rooted from the need of the public interest. So, the public interest is one of the core elements in land expropriation.Chapter 2 is to analyze and differentiate the definition of the public interest. Definition analyzing and differentiating is necessary for studying the public interest from the angle of administrative law or other angles. Starting with the origin of"the public interest", this chapter discusses those questions such as the connotation, extension and characteristics of the public interest, and so on.Chapter 3 discusses the priority of the public interest which is the reason of land expropriation. For the sake of the public interest, land can be expropriated by law because the public interest is prior to individual interest. With a view of analyzing the relations between nation and individual, this chapter discusses the reasons of the public interest's priority and its restriction, the development of the concepts and the systems of ownership, the development of collectivistic land's ownership which is the object of land expropriation. On the basis of above-mentioned analysis, this part discusses why the government may expropriate the collectivity-owned land.Chapter 4 is to define the scope of the public interest, that is to say, in what kind of situations, land can be expropriated. The government may expropriate the collectivity-owned land for the sake of the public interest, but the further question is what kind of interest is able to make the land expropriated. This chapter analyzes the necessity of defining the scope of the public interest. It also discusses who has the power to define the public interest. In the writer's view, the legislative has the power to define it firstly. Besides, the government assists the legislative to define it concretely and the judiciary affirms it finally. This part also studies the development of the scope of the public interest and puts forward the writer's own opinions on this topic.Chapter 5 is to discuss the balance between the public interest and individual interest by compensation on land expropriation. The priority of the public interest makes it possible to restrict or scarify individual interest. However, the sacrifice of individual interest must not be free; otherwise, the society cannot develop stable and sustainable. This chapter emphasizes on compensation of land expropriation. It discusses the relations of compensation and the public interest, means, scope and criteria of compensation, and so on. In writer's opinion, in order to balance the public interest and individual interest, the government has to compensate impartially after land expropriation. Chapter 6 is to discuss the procedure about public interest. Procedure is a important means to prevent the power of land expropriation from misusing. Procedure is the foundation of the government by law in modern society. For public interest, it is so difficult to define it by substantial criteria that the rules of procedure have to be lent to achieve this goal. What is more, rules of procedure support the whole process of the public interest's running including its defining, compensating and remedying of rights. System of procedure related with the public interest is made up of procedural rules of hearing, openness, investigation, consultation, obviation, judicial review and so on.At the end of the paper, the writer conclude that there is public interest in deed; compared with individual interest, the public interest is prior; an agreement has to be reached to define the public interest; individual interest's sacrifice has to be compensated fairly; due process shall be abided by in defining the scope of the public interest and ascertaining compensation.