Definition And Regulation Of Public Interest In Land Expropriation

"Public interest" as a legal concept, long used to determine the legitimacy of the exercise of public rights, and become the measure of the value of social behavior. "Public interest" is specified in China's Constitution, Urban Real Estate Administration Law and the Property Law. These provisions are mostly used to expand the public rights, as well as to restrict private rights. However, what constitutes "public interest"? How to definite "public interest" in the legal application? The Constitution and laws do not give a specific definition, which in practice is also a lack of operability. Thus, resulting in a public power authority grasp the "public interest" when there is a lack of uniform standards and procedures, give public power leeway to violate civil rights in the name of "public interest" which is the root causes of the civil rights have been violated in property expropriation and requisition. Therefore, the formulation of a correct and proper determine criteria and judging procedures in order to make a standardization of "public interest", for the legitimate exercise of public power and the effective protection of individual rights, have great theoretical and practical significance.To date, both foreign and China, has not yet defined a unified standard on the "public interest". The academic community have done a lot of efforts, are still inconclusive. For the particular case, the "public interest" content is different, its connotation and denotation are constantly changing. Therefore, the simple definition of "public interest" connotation and denotation, which will be its practically exhausted. It is only through process-oriented system design, through the realization of procedural justice entities to complete the pursuit of justice, can in the face of the ever-changing social practices.In this paper, start with the land acquisition, through the researching of legitimacy of land expropriation right, we found that the legitimate definition of "public interest" is an effective means to regulate land acquisition right. Furthermore, by the definitions and procedures for two-pronged approach, by domestic and international "public interest" theory researching, there are the summary and comparison, which draw extensively on the excellent system of civilization, which combined with China's actual situation and put forward in line with the basic national conditions of China's primary stage of socialism public interest standards and procedures to determine the rationalization suggestions.This paper totally consists of four parts. The origin and meaning of the public interest are discussed in the first part. Through domestic and international comparative study, issues such as "what is interest" and "What is the public interest," "how to achieve the public interest" and "how can we define the public interest in practice" are discussed. After this series of study, it is found that the public interest is a complex issue. In the past, defining the public interest by the method of delineation of its connotation and extension simply has made the realization of public interest into an awkward position. Only by the process-centric approach, the justice and rationality of the public interest can be guaranteed.The concept and characteristics of land acquisition are discussed second part of the paper. As well as by comparative study of domestic and foreign land expropriation system, it is found that to be the public interest for the purpose of is not only one but also a fundamental one of the elements of legitimacy in land expropriation.Partâ…¢focuses on the role of procedural justice in the definition of the public interest in Land Expropriation. Through discussion, it is found that in the administrative oriented land expropriation process, taking the administrative hearing procedure as the center is an effective method to regulate the definition of public interests fairly and reasonably. Afterwards, the principles, institutions and other issues of hearing procedure are described in detail.The fourth section discourses upon the existing system of hearing procedures and its disadvantages in China, as well as conceptualizes the building of hearing procedures of the public interests in land expropriation specifically, that it should focus on the scope of the hearings, the host system, the use of evidence and supervisory regime for four-pronged approach to establish and perfect the hearing procedures of public interest in China.