| With the process of reform and opening up, our society develops rapidly. Urbanization always keeps pace with the development of society, and the urban scale expands day by day. Under this condition, state-owned land which is used for urban development and infrastructural facilities is limited to some extent. China is a socialist country, the ownership of land are the state and village collective. As the existing state-owned land cannot meet the need of urbanization, the government has to acquire the land that belongs to village collective for urban construction.In 2004, the state rewrote its Constitution. Constitution Article XIII and Property Law 42nd Article provide that the land acquiring must be in accordance with public interests. But for a long time, the premise of acquiring land—public interest has not been defined at the institutional level.While Property Law provides that government's acquiring should be restricted by the local government authority and should comply with the statutory procedures to assure that the public interest is preserved and government power is not abused. But such a provision remains abstract and lack of particulars for operation, evaluation and supervision.In reality, the land acquiring results in many problems, such as the abuse of eminent domain, waste of land resources, corruption in the process of land acquisition, violation of the lost land farmers'interest, and so on. These consequences have violated not only the citizen's legitimate rights and interests, but also the legislative objective. At the same time, the national interest has suffered a heavy loss to some extent. In a harmonious society; these deeds are not conducive to social development and social stability.Therefore, it is necessary to confirm public interest in the land expropriation system, improve the system and associated rules, specify the regulations at operational level, and improve the land acquiring system from the perspective of public interest in order to adapt to the social progress and development, make sure the government power is not abused and the people'interest is not harmed under the so-called public interest. |
