Legal Definition Of Public Interest On The State-owned Land Acquisition

"Need of Public Interests" is existential precondition of Collection andRequisition. Especially from reform and opening up, the concept has became veryimportant value standards of the systematic reform and law Construction. To adjustall kinds of interests, to balance all kinds of needs and to solve all kinds of dispute arein need of the value standards. As the basic legal system，land expropriation whichrefers to a nation expropriates private land as public asset for the sake of publicinterest and wellbeing can be found in many countries’ laws with different in surfacebut identical in content. The similar stipulation also laid down in our constitution. Onthe one hand,”Public interests” is a legal restriction to the rights of civil property; onthe other hand,”Public interests” is a principal restraint of domestic administrativepower. Therefore，It is necessary to clear and standardize the intension and essenceof public interests. Despite the academia did a lot of research about this, the conceptdefinition is hard to express clearly and completely.In recent years, the scale of urban housing demolishment and relocation isexpanding promptly, with the fast developing Economic and urbanization process.The house demolition, which Plays a remarkable important role in city constructionand development, which concerns to protect citizen interests, maintain the socialstabilization and harmony, improve the urbanization process and Promote the localeconomic development. House demolition essentially belongs to category ofgovernment’s expropriation, namely the state exerts public power to take over theprivate properties forcibly. Therefore, it should be strictly restricted in three aspects:first, the expropriation must be consistent with the public interest purpose; second theexpropriation must observe the due process and third the expropriation must be givenjust compensation. Among the three aspects，the first limitation of public interestpurpose directly determines the legality and legitimacy, and therefore is the most important factor for consideration. The phenomena of public interests abusingaroused national wide concern, scholars came to emphasis increasingly on theresearch of public interests. What is public interest on earth? By whom should publicinterest be defined? The article insists that the first should be considered is theregulation of public interest.However, the reason why there seems to be so many problems in our practicalwork is that we don’t have a clear standard of the definition of common interests inthe related laws and regulations, we are lack of a perfect procedure of guarantee,being inadequate in an effective judicial remedies and the disunity of scope, standardand methods of the remedies of imposition. The government always abuse theiradministrative power to seek personal profits or just obtain the so—called “politicalachievement” in name of public interest, which will not only severely infringed on thecitizen’s private property rights, but also intensified the social contradictions and willruined the public trust to the government and laws. The phenomena of abusing publicinterests not only aroused citizens’ doubts about public interests, but also arousedsome theoretical attention of the scholars. What is the public interest on earth? Bywhom should the public interest be defined? The article insists that the problem of thedefinition of public interest is the first issue that we should solve when we confrontpublic interest.Although expropriation stipulated explicitly in "Constitution” and” PropertyLaw", the identification of the public interest is far from legible. After promulgationand implementation of the "Regulations of Housing Acquisition and Compensationon the State-owned Land", public interest have been defined clearly, theAdministrative regulations also improved procedure mechanism, stipulated judicialrelief and just compensation. Obviously, there is an improvement on public interest’sdefinition in "Regulations of Housing Acquisition and Compensation on theState-owned Land" over the past laws. However, some "forced expropriation"phenomenon occurred after the "Regulations of Housing Acquisition andCompensation on the State-owned Land" implemented. Meanwhile, some items ofpublic interest in "Regulations of Housing Acquisition and Compensation on theState-owned Land" are obscure. Based on this, the article believe that the rule of law in our country, it is necessary to continue to enhance public interest in-depth study,master the essence of public from connotation and denotation, use the experience ofother countries for reference, supplied with theoretical interests of China’s nationalconditions.In the context of building a socialist harmonious society today, to explore asuitable definition of the public，make all levels’ government keep abreast of thetimes,to use the humanized mechanism, and to use scientific method, with sense ofresponsibility, under the just procedure and reasonable compensation. Whenestablishing modern city, administrators should devote to make the human rights ofall citizens to be respected and protected and make the forcible behavior far from thelegal system of civic building removing with kindness and wisdom, realized theharmonious complexion of society government and public. All above have greattheoretical and practical significance.