On The Protection Of Private Rights De Define The Public Interests

Public interest concept has a long history in China first appeared in public law. China in the Constitution and Administrative Law and other areas of public interest law provisions there are the following: either before the administrative acts in order to advance the public interest to the protection of others or in the public interest in order to achieve the right to be occupied by private time should be given to the provisions of the compensation measures. However, what is the connotation of the public interest exactly? There are two issues: on the one hand may be too poor to protect the public interest, and on the other hand the executive branch may damage to private rights of citizens because that they pursue the public interest excessively. In the newly released Property Law, also emerged the concept of public interest and the relevant provisions. Public interest is an important system of the Property Law which is expropriation of property or collection of property from citizens or the units. But, Property Law didn't require the connotation and extension of the public interest.I believe that the most important is that defined the public interest strictly. First of all is to trace the source of the essential attribute of the public interest. What dose the public interest mean? What about the differences and the connections between the public interest and other related concepts? What dose the characteristics of public interest? How to judge and define the public interest? Who can make the rules? There are some inadequacies in our laws about the public interest. Can we learn from experiences of the other countries or regions? When the public interest has been against the inevitable legal citizens the right, who should be the public interest and private rights of citizens to measure, so that the public interest and private rights can basically achieve a win-win situation?The public interest is a complex and ever-changing concept. In each of the different historical stage has its own new content must to go through the legislature a reasonable definition of the legal implementation of the law enforcement agencies, as well as the ultimate protection from the judiciary to make property law in the public interest is not a scrap of paper. Be able to play a real constitutional and property law to protect the rights of citizens of the role of the private.