Legal Definition Of Public Interest In Land Acquisition

In recent years, as the acceleration of China's industrialization and urbanization, the government begins mass expropriation and land acquisition. According to legislative spirit, public interest is the sole purpose of government acquisition. However, China's current legal norms for the public interest are not clear, procedure protection is not perfect, and the lack of effective judicial relief approaches produce a lot of problems in practice. The government stickup public interest tags in land acquisition arbitrarily, and even non-public interest activities, which violated the citizens legal rights seriously, and caused a lot of petitions events and group incidents, produced a lot negative impacts which are harmful to social harmony and stability of our country.Therefore, in view of law, we need to realize the concept of public interest and characteristics clearly, expounds the clear understanding of some concepts which are easy to be confused. Through comparing with the regulations of public interest in foreign countries, puts forward some beneficial measures. Through these measures the writer hopes to find much more reasonable methods to solve current problems in land acquisition. The text is more than 24,000 words, except for the introduction, it includes four parts.The first part is the basic theory of public interests. First, introduces the concept and features of public interests, and points out the uncertainty of public interest, to illustrate that giving a clear concept of public interest in legislation is not realistic, but limits the range and contents of public interest is feasible. In practice, the relationship among public interest, the interest of the state, the collective interest and the business interest is complicated, especially the public interest and commercial interest, and explain the concept of public interest in land acquisition should not include commercial interest.The second part is to analysis various dilemmas faced in current land acquisition: The first is the government has too much power and few limits in land acquisition, public interests abused in severe cases; the second is unclear definition of public interest in legislation; The third is the procedure rules to protect public interests is not perfect; And the last is inadequate protection for those whose legal rights are violated in land acquisition.The third part is to introduce public interest legislation and regulation in foreign countries briefly, and learn some experiences so that we can improve ourselves.The fourth part is system design to achieve public interest in land acquisition: First, define the principles for achieving public interest, including the principle of legal reservation, the principle of due process, the principle of proportionality and the principle of trust interest protection. Second, establish public interest confirmation process, and make it the first process in land acquisition; third, improve the hearing procedures to provide an opportunity for people to defend their own interest, and to promote the executive make fair and reasonable decision. Fourth, provide sufficient judicial relief for those who loss rights.