Uncover The Veil Of "public Interest"

When administration is carrying on the process of an adjustment to the society, we should expand the power to protect the private rights and interests as subject actually. But according to such theories, should administration method shrink back from the behavior such as expropriation in order to attain the purpose of protect the private benefit? The answer is negative. Real fights represented by property should change the traditional standpoint which emphasize that real rights is free from interference and restriction, and is completely dominated personally. It should be subjected to social public welfare restriction and carried on by the national law to interfere of pay attention to social exploitation of the administrative behavior. We must center on protection of private property and take society as a standard and bear in mind that all social relations have something to do with real rights. On the foundation that the expropriation is proper, it is significant to discuss how to protect people's legal rights in the administrative behavior. But now the administrative law which take public power idea of right as starting point can't satisfied the increasing private interests requirement, we should take civic rights as point of departure to construct a system.According to the above thinking mode, with produced important influence in the social activities of expropriation, taking the constitution which had a foothold in the administrative method should with protection the people's legal rights. This thesis discuss whether the expropriation is reasonable or not, then discusses what is the public interests in such behavior and how to strict the concept in order to protect the legal rights in practice. The article also carries on an analysis towards designing the procedure of expropriation, and compensating after it. Through the discussion, the author wishes to provide some new train of thoughts about the expropriation in practice.The article is divided into four parts:The first part arguments how to define the behavior of expropriation, and introduce the related law in reality.The second part discusses how to define a public benefits exactly, and the imposition behavior which beats this signal must be legal? In the third part, it is discussed that we know the public laws have a lot of right, such as give confirmation to the private right, or pass behavior result indirectly influence to the private right creation. The behavior of expropriation is in its row. How can we protect the citizen legal rights by designing related system and how to provide theories in the subsequently experienced government law. It is the main contents of this part.According to above parts, the understanding should be collected to afresh in some problems about the expropriation. At this part, the author defines imposition from the puapose scientific, builds up the standard of proper procedure, and provides the perfect succor after the expropriation.When the author was writing this article, she has mainly adopted a worth method, history method, comparison method and specialized method which is adopted in the science of law.