On The Formulation Of Public Interests In Administrative Requisition

"Public Interests", regarded as one of the essential components in the formulation of Administrative Requisition, is of great importance in deciding the validity of the very performance. However, Laws in China have not provided unified and clear standards as to the definition and explanation of the concept "Public Interests" and hence this dissertation intends to conduct a deep analysis in this regard, endeavoring to make clear its connotations and to figure out the criteria and methods adopted in the defining of this concept.First,this article introduces some basic theories about public interests in Administrative Requisition. It is widely recognized that Administrative Requisition must be subject to public interests, but, owing to the uncertainness and complicatedness of public interests, scholars from different countries tend to understand this concept in different ways and laws in different countries make different prescriptions as well. This difference is well displayed between the civil law represented by France and Germany, the common law represented by the US and the UK and the laws in HongKong and TaiWan. Connected with and also different from the interests of a nation, the government and the individuals, public interests are characterized as socially shared, multi-layered and non-transferable. But owing to the absence of a clear definition of public interests in China's Constitution and laws, some concerning laws mistake this concept for the country construction and some concerning articles lack consistency, giving rise to quite many events inwhich the legal private properties of individuals are infringed by the governments in the name of public interests. In this sense, the clarification of the connotation the scope of this very concept is increasingly pressing.At last ,this dissertation holds that the legislature in China is in charge of the clarification and the criteria to be adopted should observe the principle of public-orientedness, rationality, justice and fairness. With regard to the methods, this dissertation maintains that a combination of direct and indirect setting-ups is feasible, in addition, the objects and the procedures should be equally emphasized, so the authorization and control of power. Whatever methods, the administrative body should respect and protect human rights instead of abusing the power of Administrative Requisition.