On The Definition Of Public Interest

Administrative charge acquisition is directly related to the interests of the executive relative typical administrative behavior, and an accurate grasp of the administrative charge is a prerequisite for acquisition of public interest, that only the public interest based on the administrative charge for this purpose is a legitimate act of expropriation. It can be said that the public interest not only limits the collection of the lawful exercise of such requisition the scope of executive power, as well as the executive power and individual rights, the tension between providing a point of balance. Therefore, how to accurately define the concept of public interest, it is very important. If there is no public interest for the precise definition of the concept, conduct the administrative charge will be without its acquisition of a fair, just, legitimate and reasonable legal basis, which will also have many under the guise of safeguarding the public interest to wanton violation of the law the legitimate interests of citizens administrative acts.However, the reality in the face of many disputes involving the public interest, people recognize that public interest can no longer be a simple slogan, and as a result of a direct impact on the concept of administrative relations between the parties to the property relations, it also tends to become a legislative basis for the legislature and the executive decision-making basis. In this sense, the public interest for the definition of the concept from the moral point of view we can not define, and should be strict academic definition. However, due to the concept of public interest and benefit from the uncertainty of the main current of the concept only in a form of abstract principles in our constitutional and legal texts, judicial practice in the concrete while it is by the executive through its discretionary power to be interpreted and applied.In 2004, China's current constitution was amended to clearly establish in the Constitution the purpose of public interest based on the administrative charge requisition system. Theoretically, if a more accurate delineation of the executive in charge of the public interest, requisition, you can effectively avoid the existence of the practice of a large number of the administrative body to borrow the name of public interest law to exercise the right to levy against the acquisition of the status of civil rights occurred. In this paper, the administrative charge from the acquisition of public interest and the basic theory, combined with overseas experience and our own state of legislation and practice in improving acquisition of China's administrative charge of the public interest as defined in the feasibility of a number of suggestions and ideas, with a view to the public charge and citizens benefit from the protection of human rights.This article is divided into four general sections, namely, the basic theory, the extra-territorial acquisition on the administrative charge of the definition of public interest, requisition system collected in China on the definition of public interest and administrative charge of China's acquisition of the perfect definition of public interest, as follows :Chapter I: basic theory expounded. This chapter is divided into three parts, the first part of the administrative charge on the basic theory of acquisition: This section describes the administrative charge and administrative links with the distinction between acquisition, to be given in this article focused on the public interest as defined in the scope of the perspective. Because this article does not focus on this, so after a brief analysis is given in the conclusions: First, the administrative charge, in the legislation on expropriation of unity, the development of a unified collection of expropriation law; Secondly, the basis of uniform legislation in the concrete analysis of concrete problems of individual specific areas, specific issues to be provided for through separate legislation. The second part is on the basic theory of public interest, because of the related issues of public interest is this article the theoretical foundation and footing, so this part of the contents of a relatively substantial proportion of relatively large size: the first composition from the terms of the public interest explanation, which is in the interests of sensitivity on the initial public awareness; followed by schools of thought in contrast to the public interest to discuss the specific definition of the concept; third of the public interest to clarify the concept of the unique characteristics of ; Finally, similar to the concept of public interest and comparative analysis, which can distinguish between the interests of the public relations and related concepts, more clearly define the scope of public interest. The third section describes the administrative charge and the public interest, requisition relations, pointed out that the public interest as the acquisition of the purpose of the administrative charge and the importance of reason, which later also laid the foundation for writing.Chapter II: on the administrative charge of extra-territorial acquisition in the definition of public interest. This chapter introduces the Two Legal typical extraterritorial national levy on the requisition of the executive to define the relevance of the public interest defined on the basis of the definition of the Two Legal compare. This chapter is divided into three main parts: the first part introduced the common law countries in a typical representative of the United States and Britain in regard to the acquisition as defined in the public interest; second section describes a typical representative of the civil law countries of France and Germany on the collection of expropriation in the public interest for the definition; the third part is the part of the first two on the basis of comparative analysis of the Two Legal acquisition of the administrative charge as defined in the public interest as well as the difference between common and thus in China's legislation the work of judicial practice, a certain degree of guidance and reference.Chapter III: China's acquisition of the system imposed on the definition of public interest. In a comparative analysis of the relevance of extra-territorial definition of End, the perspective back to our country. This chapter is divided into two major parts: the first part first introduced on the administrative charge of China's acquisition of the public interest provisions of the laws and regulations of the history, and then listed in China's existing laws and regulations for the relevant provisions of this problem. The second part is the introduction in the above analysis, pointing out that China's current administrative charge on the acquisition as defined in the public interest in the existence of many problems, such as the levying of expropriation as defined in the public interest as defined in the subject and the content is not clear, the definition of a lack of unified standards as well as the acquisition process in the collection of compensation arising from the principles, standards, methods, etc. are not uniform.Chapter IV: Acquisition in China's administrative charge of improving the definition of public interest. Chapter III of this chapter is based on the issues identified for each of the evaluation analysis, and provide corresponding solutions. In many problems, this chapter primarily to select a representative and the current urgent need to resolve the four issues to be divided into four parts of that model legislation to define the authority to define standards and relief system to solve one by one and so on and improvement of the program, for China to resolve the administrative charge on the acquisition in the public interest point of the definition of clear direction and practical feasibility of a certain value.