Study On The Definition Of Public Interest As The Reason In The Urban Housing Demolition

With the further advance in urban construction, almost all of the country in various cities in urban housing demolition and reconstruction of the old city, urban housing and the demolition caused by the demolition and non-antagonistic contradictions are increasingly split, with serious impact on social order Stability. China's urban housing demolition in accordance with relevant laws and regulations, urban housing demolition should take the interests of the public. But the legislation did not define the public interests. So, the Legislative buried defects in demolition of housing which resulted as city disputes. At the same time, if all the city's demolition of housing behavior in urban housing demolition as a prerequisite for it? According to legal analysis, clearly no. Urban Housing Demolition should be divided into urban public housing demolition and urban non-public housing demolition, the former to the public interests for the purpose of the premise, the later is not, the two are totally different in the acts of house demolition procedures, rights and obligations of the parties' demolition, the relevant government departments. Laws and regulations relating urban housing demolition did not distinguish between them. This also is the source of the disputes. This article is to start in the background of the demolition of housing in the city highlight the contradictions and gaps in legislation against the backdrop of serious discussion.This article is divided into five parts, the first part, the author discusses the current state of urban housing demolition in china. From three aspects that there is so much contradictions in the urban housing demolition, lack of legislation on the "public interest" in detail, the public power infringe the private property rights, the author discusses the disputes of urban housing demolition, legislation and administrative law enforcement, highlighted that the necessary to define the specific meaning of public interest in china.In chapter two, the author discusses the meaning of public interest. Through the discussion about "public", "interest" and "public interest" on three levels, the author believes that although the public interest itself is of uncertainty, it can be summed up that it is objective, Legitimacy and can be shared by the whole social etc, it still can be defined.In chapter three, the author discusses the ways to define the public interest. On how to define the public interest, Chinese scholars have three perspectives. First, the legislature defines the meaning of public interest in "special discussions". Second, the judiciary defines the meaning of public interest finally. Third, the legislature defines the meaning of public interest in the law. The author believes that we should define the meaning of public interest in the law together with that the judiciary defines the meaning of public interest when the disputes happen.In chapter four, the author discusses how to define the meaning of public interest in the legislation. First of all, the author analyzed the legislation around the world, the case law of "public interest", as well as Chinese scholars' views on how to define public interest. The author believes that we should define the meaning of public interest in general way together with list. In detail, first we can list the things that belongs to the range of public interest, second we can make the provisions reveal all the details the terms. Finally we can make a provision to rule out the things that is not belongs to the range of public interest.In the chapter five, the author discusses the process of defining the public interests. The first public interests through the certification process that the public interests, the author discussed in detail in the public interest certification agencies, the participate in the accreditation process, certification, certification procedures and so on. Second, through the judicial process in the wake of a dispute that the public interest, which is in the public interest to determine the final.