Studies On Legal Definition Of Public Interests In Land Expropriation

The land question is the important issue which concerns national stable development. In recent years, with the constant development of economic construction of our country and constant promotion of the urbanization, a large number of behaviors of expropriation of land have appeared. But in a large number of behaviors of land expropriation in our country, have purpose that a big part does not accord with public interests, this main reason is that the law of our country doesnot carry on clear definition for the public interests in land expropriation.The concern of this text is, should public interests define in the law of land expropriation ? Which kind of definition way should be adopted? Who defines? How to improve relevant rules? About these questions, the text begins to analysis.The thesis includes the following four chapters:Chapter One: The necessity and feasibility that the law define public interests in the land expropriation. And the necessity mainly analyze from five respects. First, it is inherent requirement for the value of law. Second, public interests play important part in the land expropriation. Third, prevent power from abusing. Forth, protect the cultivated land. Fifth, utilize the land resource rationally. And the feasibility mainly includes the analysis of the current situation of our country in some attribute analysis of public interests, legislative practical experience of the countries all over the world.Chapter two: Analyze definition of public interests in land expropriation in main countries and regions, mainly, analyze some of similarities and differences and reason analysis of theirs. The similarities include: Subjects that the land exploration is all regarding public interests as and exercising and collecting the legal basis of right. Legislature is all the definition subjects of public interests collected to the land. The determination of the public interests collected to the land should be through the legal procedure. Public interests that land collect except that law stipulate clearly, be able to carry on the examination of the administration of justice.Chapter three: Analyze the problems in the law of land expropriation in our country. The problems include: first, have not pointed out clearly concrete meaning and range of public interests in constitution and law. Second, the regulation of the legal system has contradictory places. Third, have not stipulated that the procedure and the subject of the definition.Chapter four: Analyze how public interests could be defined in the law of our country in the land expropriation. At first, should define the concept of public interests in the law. It should choose legislative mode to be a limit enumerating type like Taiwan. On the essential features of public interests, there should be public beneficial, rational realities and proper and procedure. In legislation of interests, I propose, should go on regulation of enumerating in law of land managing. Second, I think the definition subject to public interests is the legislature at first, confirm basic public meaning and range of interests to conference from national deputy to the People's Congress. Definition of the relative public interests unconfirmed, should also offer the administration of justice to relevant obliges and relieve. Third, Completion of relevant systems, include the completion of content and way of announcement in the land expropriation; the completion of the hearing procedure in the land expropriation; improvement of the judicial censorship in the land expropriation in our country.Further discuss:1. Research from the definition of public interests in the land expropriation, carry on more comprehensive and systematic research to it. At present, the study on public interests goes on scatteredly on the academic dissertation in our country, lacking deep the systematic argumentation.2. Analyze other countries and regions land expropriation law about the definition of public interests, deeply compare ,analyze, the ones that came to the relevant systems of our country built up reference function through the common characteristic, difference and reason for comparing them.3. Use the definition way in which the substantive law combines with procedure law, and define public interests in the mode, standard, subject and procedure etc., propose suggestion and hope realize the reinstruction on land expropriation, combining the experience of other country and the fact of our country.