Procedural Law Under The Perspective Of Public Interest

"Property law" since October 1, written in formal, is highly evaluation, but also to the inevitable left some deficiencies and regret, especially with defined public interests in China, before the urban house dismantlement administrative regulations for the purpose of demolition had conditions of "public interest" provisions in reality is not clear, that government abuse, often appear to be demolished, demolition right infringement of legal rights phenomenon. The people’s livelihood of millions of relations, the vital interests of the people will be introduced in 2007 of the property law, as "life-saving straw," placed its expectation, hope its lack of existing law restatements. Give fair and reasonable answer. But this gives countless people imagine of the law in good but not the words than management regulations have any "smart" place, is still a kind of fuzzy and unrealistic slogans. Can say we still randomly in the confusion among.New on the introduction of the property law can’t be breakthrough, Still left a series of "question mark" inevitable--- What is the basis of demolished? What exactly is "public interest"? What circumstances the dismantlement fits the needs of public interests? How do we define it? Our rights and maintained?In recent years because of urban planning and special construction engineering needs, to the city of state-owned land access practice, thus achieved the redistribution of land reasonable allocation of resources, make land use efficiency maximization. This often requires demolition in original land of old house, the new real estate development and construction. But because the http://baike.baidu.com/view/814454.htm land>condensed the attachments to< original user capital and labor, and is the original user, residents of basic survival and production material conditions, thus again in the process of building demolition legitimacy became public power is the core of appropriateness behavior.The dismantlement is backing of state power to private home ownership interference behavior. In recent years, with the rapid development of China’s urbanization, demolition of disputes and conflicts caused by increase gradually, has become a hot social concern. Chongqing "most cow nail house" event, chengdu TangFuZhen spontaneously combust events and so on a series of vicious incident prompted social from all walks of life and legislative and administrative organs rethink its demolition system flaw. As its public power under the system of legalization coat with "public interest" undoubtedly a target.But we should see the general, law is not an accidental also. Throughout the world, see not hard, want truly public interest the connotation and extension of the comprehensive summary, do almost can’t find the best solutions, and people started to focus the dilemma by entities to program the regulation of transformation.The first chapter basically for our current house dismantlement and the reality of administrativeacquisition faces a general statement. Its purpose is to practice the present legislation involved flaw of privacy protection urgency grim. The second chapter of public interests from the current legislation present situation, by comparison, expounds the Angle at home and abroad, the domestic legislative practice with the constitution, economic law, contract law as the breakthrough point, focuses on analyzing public interest entity define the status quo. Foreign criterion with different law do typed analysis. Purpose lies in revealing substantive natural incompetent piping and irreconcilable sex. The third rules under the perspective from entities defined the public interests of the dilemma the necessary and drawn program transformation is feasible. Mainly by countries with practice as the chief legal analysis. Finally the fourth chapter restatements public interest from program Angle, comply with the world trend, focusing on procedure system, how to talk about the plight of roughly understanding, reconstruction of the whole process of the demolition of a true safeguard monitoring mechanism, so as to public power the legitimacy of the intervention.