Uncover The Veil Of "public Interest"

Land is one of the key resources for human beings,especially for the farmers.The land issue is now becoming an important factor that affects the stability of our country, since the land resource is relatively scanty.Caused by the booming economic development,the farmlands were requisitioned and used for industrial purpose during current years.The policies that commonly adopted by most countries,that the confiscation of the farmland should on behalf of public interest,although China has the similar policy regarding to the farmland issue,however,in the real implementation,this purpose could not be achieved,indeed,it went to the other direction that hurts the rights of the farmers.Hence,what is the public interest during the confiscation of the farmland? How to define the circumscription properly? What is the reason that causes the abuse of farmland confiscate right? And also post the question mark on how to consummate the policies to ensure the public interest.The following paper will discuss these problems and figure out the solutions.This paper is divided into six chapters,introduction,main contents(four chapters) and conclusion.The introduction raises the issue about the farmland confiscation and public interest.The first chapter is a literature review about the basic theory of the farmland confiscation.It will start from the definition of farmland confiscation and analysis the rationality and validity of the farmland confiscation,finally introduce the current policies in China regarding to this issue.The second chapter will further discuss about the "public interest" that involved during the confiscation of farmland,and conclude that the public interest "can only be described but not defined" after the review of the public interest and other relative theories.We will further discuss the relationship between public interest and the government, and conclude that the public interest is not equal to government interest,government is not the only representative and vindicator of the public interests,because the government might not behaves neutrality in maintaining the public interest.The third chapter illustrates the farmland expropriation practices in our country,and analyzes the roots for abusing the public interest.The reasons are vary,which includes the ambiguous legal definition of the public interest regarding to the farmland expropriation,and the contradiction in the law which used for regulating the public interest.It also because the absence of the labor union and faultiness of the current regulation.The forth chapter brings forward the corresponding countermeasures which could be used to solve the problems that leaded by the ambiguous definition of the "public interest".In particular,suggestions for the judging and assuring the "public interest" are being proposed through five aspects after critical analysis conducted from the previous chapter.Briefly conclude the whole paper.