Research On The Public Interest In Land Acquisition

China is on the process of urbanization,and urban city project is more and more constructed in rural areas which makes farms lose their agricultural land. It is a trend of urbanization to establish small towns around the big cities. As a matter of fact, land expropriation is standed on double values include protecting farms'right and public interests.However, as a result of misunderstanding the value of land expropriation by the authority and exercisedabusing the power makes farms'interests infringed and also bring some instability factors to the society.The most important issues in the process of expropriation is the public interests not consummated,as well as lack of effect control of public authority. This article is based on the purpose of finding weak points and maturity it,so that the control of public authority are strengthened.at the same time,and protect private rights,what is more, decrease the conflicts in land expropriation.finally social harmony and stability can be realized.The first part of this article is about basic theory,which analyzes some relevant factors about public interests in the process of land expropriation.Definite "public interests" after comparison and identify,then abstract essential attribute from the concept,and confirm the basic principles of public interest,finding out the defects of public interests and maturating it.The form of combination of theory and practice are used. Analyze theory of public interests combining with the current hot topics or cases related to land expropriation, then further study on the issues of public interests in the process of land expropriation,and point out that unreasonable define public interests in land expropriation is just one reason called expropriation, actually private rights are encroached.In the process of land expropriation,encroaching on the private rights of agricultural land owner are against "private rights restricting public rights" called in society with legal system,and it becomes a serious problem.On the analysis of the former part, public interest:as main line, dynamic balance of interests as purpose, freely competing by the public rights and private rights, made the rights release so that the rights can play an important role in the process of land expropriation.Besides, makming full use of rights when delimit public interest so that we can achieve the aspirations of expressed interests,and essencely achieve the maintenance of private rights. Exploring the constraints on public power system considering about the protection of private rights in land expropriation is to ensure maintain private rights under public rights,and the ultimate purpose is to achieve a balance and share of interests making harmonious society.