On Legal Boundaries Of Public Interests In Land Acquisition

Definition of purposes for land acquisition should depend on the subject and procedure of public interests, but not the content of public interests. The essence of defining the public interests, is to readjust the structure of interests, which inevitably involve interpersonal relationships, thus, it is possible to make definition from the angle of interpersonal interaction. Therefore, the author put forward the content of the public interests in the land acquisition, which is composed by absolute public interests, relative public interests and non-public interests. While absolute public interests and relative public interests shall be clearly stipulated by the law, non-public interests shall be testified by certain procedures in order to find out whether it shall be categorize into real"public interests"or not. Besides introduction and conclusion, the present thesis is made up of five parts. The introduction is mainly about the background, significance means and purpose of the research. In the first part, by analyzing the"public interests"in land acquisition, the author distinguishes the concept of public interests, social interests and state interests, reveals the content of current real public interests, and finally, makes introduction of world's legislations of the scope of public interests and native recognition of public interests. The second part concentrates on the definition of the right of land acquisition. While analyzing the background and reasons of setting the right of land acquisition, the author, basing on the clarification of the characteristics and different situation of land acquisition, introduces the counter policy referring to such right adopted by people whose land involved in land acquisition. The third part explains the reasons of the public interests. The forth part describes the situation that while lacking of understanding of public interests, the natural status of purposes of land acquisition conducted by limited government should be. The fifth part put forward the principles which shall be followed in defining public interests and the supervisory mechanism of such defining. At the end, the author comes up with man-centered vision of the purpose of land acquisition. In the conclusion, the author summarizes the definition of public interests in land acquisition, and advices that citizens may make indirect contributions to the development of public interests by maximizing its own interests and make public authority replenishment of realizing public interests. Thus, public interests not only define the border of citizen's rights, but also make boundary of administrative power belonging to administrative authorities.