Study On Program Security Of The Public Interests Basis On Protecting Private Interest In Levy And Compensate Ordinance

As an old but new concept, the history of public interest can be traced back to ancientGreek, the dispute of the scope is going on now. That is to say, there isn’t a commonview about the concept in educational circles now. However, there is no doubt thatPublic interest exists in our life. Defining the scope is very important, especially，in thefield of levying and removing, which is relate to the vital interest of citizen and thesteady of the country. In our country, because of deletion of the concept, localgovernment often carry on trade items in the name of the Public interest, ignoring thevital interest of citizen，which lead to much conflict between local government andcitizen.Seeing that, levy and compensate rules on the government-owned earth definedPublic interest for the first time in January,2012, what’s more, add some procedurerestriction. To our disappointment, the conflict owing to levying and removing has beengoing on. Why? Contrasting to the concept in foreign law, we believe that the concept inrelating law of our country is clear. While, the procedure is not enough, especially in theaspect of administrative reconsider and administrative lawsuit, which are main reliefcanals for citizen. Because of their owned defect, adding that the local government is aparty in the legal relation，the defect is more serious. So how can we do as to theconflict, we think that what we can do in the state system is improving and perfectingthe procedure regulation. Only in this way, can it limit the abuse of power，and protectthe vital interest of citizen radically.