Public Interests In Land Expropriation

Public interest is the validity source of public administration, and the basis and limit of the administration expropriation power. However, many questions should not be avoided: What's the public interest? How to identify the boundaries of public interest in the practical administration expropriation? Who do it? At present, there is one verdict about the public interest in the theory study, law legislation, and public administration and justice practice in China. The dissertation mainly includes the following contents: the conception and characteristic of public interest, the judgment standard, method and procedure of public interest in land expropriation power.Firstly, the conception of public interest was analyzed academically. The public interest is one dynamic concept, and it has close relation to the community interest, and supply from the central or local governments. Public interest has the natural property with objectivity and share, and the external characters with stratification and multi-factors.Next, the public interest in the land expropriation system was deeply analyzed. The public interest should be considered in land expropriation as one principle, and it's the only standard for the justification and rationality of land expropriation power. The understanding on public interest was inconsistent by scholars at home and abroad due to the uncertainty and complexity of public interest and the range of public interest was different in various law systems at different countries. The comparison analysis was made for the public interest in the land expropriation system. The understanding on public interest is not completely consistent in different law systems, for example, the civil law represented in France and Germany, the common law represented in US and UK, and Taiwan and Hong Kong in China.Subsequently, the history and actuality of public interest in the land expropriation system in China was investigated. The public interest as a principle was identified in the land expropriation system. The land expropriation power was abused for the unspecific range limit of public interest, the lacking procedure and bylaw of the enforcement of public interest, and the dissociable law items. The problem above mentioned has close correlation with the special politics system, law system and the economical and social development stage in China.Finally, the reconstruction assumption about the principle of public interest in the land expropriation system in China was brought forward on the basis of basic theory and law enforcement of public interest at home and abroad. The holistic scheme adheres to such principles that equal stress on substantive and procedure, combination of authorization and power control, and interrelation between limitation and appease. The identification of substantive content on public interest keeps to the publicity and rationality, and the system of practice process on public interest embodies justification and equality. The system assumption solving the land demand of non-public interest was raised after fully considering the actual status of basic land system and economic and social development, and making the rigorous identification of public interest by the law system.