Study On The Public Interest Of Land Levy In Our Country

Since the 1980s, China's reform and openness has entered a new development stage. Along with economics' fast development in our country and urbanization process' speeding up, all localities invites investments in large scale and various kinds of development zone and characteristic garden area are built, which lead to the result that demand for land increases greatly and that massive collective lands in countryside are levied as a kind of an important resource and property, land is a vast storehouse of economic value and social efficacy.The land levy is the system that the country forces the land owner to eliminate the ownership, and gives the compensation for the public interest need, according to the law. Because the present land levy legislation itself has the intrinsic conflict and the crack, and the concept of public interest is fuzzy, which causes that the civil power violates the private rights in the land collection. The situation is serious, and the serious social consequence has formed. This has affected economic development and the social stability of our country.This article discusses the following questions:The first part introduces the concept, the characteristic, the historical evolution and the present situation and so on. We will discuss the premise of land levy—public interest, after basic question referred just now. Because public interest's concept is greatly uncertain, we have some trouble in limiting its concrete meaning .The author makes us know the public interest's concept by "what is public" and "what is the benefit". After that the author simply introduces the public interest's characteristics, the differences between public interest and the related concept and formed the self-understanding of the public interest concept in our country land levy. the third part tell the significance of limiting the meaning, pursue of value and principles of public interest in our country . The forth part mainly introduces public interest's legal flaw in land levy of our country. that is the public interest meaning is not clear, the current laws are contradictory ,public interest procedure imperfect and so on. The fifth part gives the system which solve 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.