Research On The Public Interests Of The Collection Of The Urban House

Since the reform and opening up, with the rapid developments of economic andsocial and the significantly faster pace of urban construction, the collection of the urbanhouse has become the norm in our economy and society. The collection of the urbanhouse is for the public interest, according to law stipulates the procedures andconditions will the residents of the state-owned and be reasonable compensation.Despite the public interests related to many terms of China’s relevant laws, and providesfor the needs of the public interest is to start levying behavior. However, due to theabstract and vogue of the public interests, coupled with our law to its defined evasive,and the final interpretation and the right to speak of the public interest often lies in thehands of the executive authorities. That also led to the executive authorities of oftencross-border and free to paste the label of the public interests, in the name of publicinterests to do non-public-spirited things, and a series of bloody impose are preciselysuch cross-border discretion of the consequences. Improper exercise of public interests,not only infringes upon the lawful rights and interests of citizens, damage to theofficials and the public relations, and further collapse of the boundaries of the publicpower, resulting in the unlimited expansion of public power without restriction.As the premise of urban housing levy, public interest has been the focus ofacademic controversy. The focus of this article also on this question. By carding thebasic theory and representation of views of the public interests, inspecting the publicinterests in the practice of China’s urban housing levy, and learning from the definedcriteria of public interests of foreign levy system, that obtained the unique attributes andproblems of public interests in China’s urban housing levy, and tentatively put forward asound path.The main research results and conclusions are as follows:First, generalized the basic theory and representation of views of the publicinterests, pointed out the need for urban housing levy system to introduce the concept ofpublic interest as well as the unique attributes of the public interest in the housing levy,distinguished with other easy to confuse concepts, and will be will be practicalapplication of various theories in the following.Second, summed up the development status of the public interests in the currentcity housing levy system with practice: the public interests are involved in a large number of laws and regulations, but the lack of clearly defined; the government’s powermisconduct and the label of public interest is any paste; citizens’ private rightsawareness and public awareness of the benefits are in state of imbalance; publicinterests in the housing levy lack of procedural regulations.Third, analyzed of the plight of the reasons that caused by the levy in the publicinterests from the two perspectives of the stakeholders and administrative procedures.From stakeholders’ perspective, the status serious inequality between the parties and therole of dislocation; from administrative procedures’ perspective, principles ofprocedural fairness and the relative participation have not been able to implement.Fourth, on the issue of public interest definition, based on the analysis from abroadfor the public interest as defined in the mode and combined with the current conditionsin China, obtained three criteria to define the public interests of urban housing levy andrecommended to specific definition in the enumerated forms.Fifth, clear standards of the role of government in the collection system, andenhanced the supervision of the system inside and outside in order to straighten the roleof government.Sixth, Due to the unique properties of the public interests, public interest in thehousing levy also focus on the improvement of procedures. This paper summarized theneed for the introduction of administrative procedures in the housing levy, and proposedthree perfect paths on ex ante, ex post facto review and the establishment of emergencyimposed..