Studies On The Balance Of Public Interests And The Individual Interests In Land Expropriation

The so-called “urban village”, it refers to the village that has been planned intothe urban range by the government, but still be rural models on the land ownership andadministrative management mode, because of the rapid expansion of the size of city inthe high-speed economic development process. In recent years, the“urban village”reconstruction has been proceeding all over the country. Due to the special properties ofthe land of the “urban village”, the complicated relationship between the governmentand the villagers, the villagers and villagers’ committee, the government and thevillagers committee, appeared in the “urban village” reform process. Compared toother types of housing demolition, inappropriate handling are more likely to produceconflict, and even cause group incidents, affecting social stability and the constructionof harmonious society.Because of geographical differences, the “urban village” can generally be dividedinto two types: one is located in the central area of city, traffic developed, and itseconomy and culture aspects has been coalesced into city; Another is located in thesurrounding area city, and the traffic is not too convenient, more close to the ruralvillages. The Nan guan village that this paper studies belongs to the former type. Theproblem of land expropriation of “urban village” that located in the center of the city,the author thinks that can refer to the current houses expropriation and compensationordinance on the state-owned land (hereinafter referred to as the compensationordinance). The problem of the relationship between the public power and the privateright is the core problem of modern jurisprudence, and land expropriation is theimportant reality problem that is related to the balance of public interests and individualinterests. This paper analyzes the reasons of the “nail house” from the landexpropriation of the Nan guan village; it discusses the relationship between publicinterests and individual interests from the start of land expropriation; it analyzes theprocedure justice and entity justice from the process of land expropriation; it analyzesthe way of right remedy from the settlement of the dispute. Through the study, thispaper argues that, solving the problem of the “nail house” in land expropriation need topay attention to the balance of public interests and the individual interests in accordancewith law. Suggestions will bring the “urban village” reform into “compensation ordinance” applicable scope, giving full play to the coordination function ofgovernment in land expropriation, safeguarding judicial independence from the system,changing “administrative demolition” into “judicial demolition”, giving full play to therole of procuratorial organs, avoiding the hidden rules, realizing the humanizeddemolition, protecting the legal rights of the demolished people.