Research On The Balance Of Public Interest And The Protection Of Private Right In The Land Expropriation

With china's deepening reform and opening wider to the outside world accompanied by rapid economic development and accelerating urbanization in the new century, demand for land has witnesses dramatic increase, which lead to large quantities of lands has been expropriated, especially rural collective land, and many urban houses has been demolished. As the basic legal system, land expropriation which refers to a nation expropriates private land as public asset for the sake of public interest and wellbeing can be found in many countries' laws with different in surface but identical in content. Our Constitution also stipulate this system clearly, but due to characteristics of our existing land property system and conflicts and holes existed in our legislation on land expropriation which leads to privates rights has been violated by public rights, the factors incurring social instability increases.Therefore, what's the public interest? How to define it? What is reason behind abusing of rights of land expropriation? How to effectively protect citizen's lawful private rights? All abovementioned will be point of this paper, the writer will analyzes it by three sectionsThis first chapter takes a series of cases about illegal behaviors and violation during the land expropriation as example and uses jurisprudence to analyze land expropriation to briefly introduce land expropriation system and analyze our land property system.The second chapter analyzes current status of protection on citizen's private rights and problems exited in land expropriation system with taking "public interests" as research objective. By means of researching on relationship between public interest and protection on private rights from the perspective of legitimacy and transparency of land expropriation and compensation's fairness, the writer digs deeper on many problems in this regards and sums up relevant problems and defects. Through analysis above mentioned, the third chapter compare and draw advanced experiences in this field from the overseas countries to present suggestions on how to legislate to restraint abuse of rights and intensify protection on private rights during land expropriation with aim to improve and build land expropriation system which can support market economy development. Effectively regulations on public rights and protection on citizen's private rights, especially on farmers will promote our country's economic and social development in all-round and coordinated way...