Study On Legal Definition Of Public Interests In Land Expropriation

It is well accepted that "The welfare of the people shall be the supreme law" since the early days when Cicero said this one of his most famous sayings thousands years ago. Therefore, public interest is regarded as such a significant issue, where it is not only the origin of the legitimacy on pubic administration, but also the basis and the premise of the power to administrative collection. Meanwhile, it is realized as a legal restriction of civil property rights and a principal restraint of domestic administrative power.In recent years, with the expanding of urbanization, lots of lands have been requisitioned. Although it is accepted by constitution law and other legislations that the land should be requisitioned for public interests, there seems to be a problem that some of these regulations are unclear or in conflict. The issue of abuse of administrative expropriation power is rather terrible that the enclosure movements by governments waste lots of agricultural lands, which result in many social problems such as the dealing of power and pocket and power rend-seeking activities. Thus, it is essential to define the public interests in the lands expropriation activities, as improve current legislations. This paper is thereby focused on this specific topic where deep analyzed the public interest in lands expropriation, such as its concept, its legislation mode, the regulations and other supportive systems to resolve this problem and prevent the abuse of that administrative power as well. This paper is thereby focused on this specific topic where deep analyzed the public interest in lands expropriation, such as its concept, its legislation mode, the regulations and other supportive systems to resolve this problem and prevent the abuse of that administrative power as well.The article make emphasis on the perspective of landexpropriation from the concept and definition of public interest. Though comparing the meaning with other similar concepts and defining the role of public interests in land expropriation , the author firstly has make a systematic analysis of the theory and expounded the value and significance in China's land expropriation. in the public interest to define the value and meaning. moreover, not only comparative analysis of the major countries and regions abroad in land expropriation has been made but also the historical changes are summarized. The article focuses on problems which exist in China's land expropriation in the public interest definition. Combined with the specific case of a proposed land expropriation, the author put forwards that perfecting definition of public interest in the system with the aim of building relatively complete land expropriation should from the choice of model legislation, the use of hearing system, the strengthening of monitoring procedures and solving the needs of non-public demands. Hopefully, with the efforts illustrated above, we can limit the power of land expropriation.The article affirms the important role and the feasibility of public interests in China's land expropriation system , expressing its good expectation of further improvement.