Legal Definition Of Public Interests In Land Expropriation

The text's assertion is lays equal stress on the entity and the procedure to resolve this problem. It means that it should respect and protect private property; The public participate, democracy of consultation is the necessary way for building public interest's expression and formation mechanism, the justice of procedure must be fully realized and fulfilled all the time. The paper includes the following five chapters:Chapter One: through regarding the Chinese and foreign scholar about the public interest complex definition, summarized the public interest characteristic: objectivity, uncertainty, social share, complicated level.Chapter two: Analyze the necessity and feasibility that the law define public interests in the land expropriation. And the necessity mainly analyze from three respects. First, it is inherent requirement for the value of law. Second, prevent power from abusing. Third, 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 three: 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.Chapter four: 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 five: Analyze how public interests could be defined in the law of our country in the land expropriation. Sum up the dissertation and bring forward new tasks, so as to better solve the problems, and realize the optimal balance between public interest and private interest. and thus facilitate our social development.