On The Public Interest In Urban Housing Levy System

The urban housing levy is a typical administrative levy behavior which is directly related to the interests of the administrative counterparts, and only the levy behavior based on the purpose of the public interest has legitimacy and rationality. Therefore, the study of the public interest is extremely important. The first chapter introduces the domestic and international literature review and research significance. Chapter two regularizes the nature and scope of China’s urban housing levy system from the aspects such as levy, demolition, acquisition as well as housing levy on state-owned land and collective land. Then, it reveals the profound sources of social and political systems to the public interest through traceable sources of urban housing levy system, and elaborates the progress and shortcomings of the public interest in the new "Regulations" by contrast of old and new regulations. Chapter three sums up the characteristics of the public interest on the basis of the public interest connotation theory, rethinks profoundly the negative theory of the public interest and then proves the legitimacy of the positive theory of the public interest by people’s sociality. Then, it expounds the public interest as the theoretical basis of the urban housing levy system respectively from three aspects of ration, the value and human rights. Through the related concepts of public interest, definition subjects as well as legal regulation, Chapter four analyzes the distinctions and connections between the public interest and national interests, social interests, collective interests as well as individual interests, strengths and weaknesses of the legislature, the judiciary and the executive authorities as the definition subjects, and domestic and international law regulation and characteristics for the public interest. Chapter five discusses the realization of the public interest from the criteria and the realization principle of the public interest, which includes the formal and the essential criterion and the principle of proportionality, the principle of due process as well as the principle of fair compensation. Chapter six combines with the basic theory of public interest and legislative practice conditions in China, and puts forwards the suggestions from the legislative mode, definition subjects, identified programs, relief programs, the compensation scope and assessment procedures in order to benefit the public levy and the protection of civil human rights.