Legislation Of Public Interest Within Chinese Land And Housing Expropriation System Andactual Predicament

The system of expropriation refers to that of expropriation and requisition of privateproperty via public power for public interests. The development of the system of landexpropriation has quite a history. Legislation Evolvement of Public Interest also has ameandering development experience.The central government started to establish laws on land expropriation right after thecommunist government was formed in1949. In the laws concerning the reform of land by thecentral government on28thJune,1950, there were regulations of land expropriation. However,those regulations targeted at the abolishment of the ownership of land by the landlord class infeudal times, which was a different concept compared with what is meant by “expropriation”in modern times. On5thDec.,1953, Government Administration Council of the CentralPeople’s Government issued “Rules of the Methods for National Construction LandExpropriation”, the very first ever in this field. On14thMay,1982, the State Council made anannouncement and put into effect “Regulations on National Construction LandExpropriation”. Regulations was the first one in the line to stipulate compensations thatinclude, for example, compensation of land expropriation, of crops, of attachments, and alsoresettlement subsidies, while at the same time, it regulated placement of labor force and howrural residents changed their status into urban residents.From Regulations in1982to Laws on Land Management in1986, it was thus created thelegal foundation of construction and allocation of land resources as a result of the parallelsystems of expropriation and land supply. The parallel systems of expropriation and landsupply refer to expropriation of land of collective ownership (subdivide the use ofstate-owned land from collective ownership) and demolition and removal of urban residences(subdivide the use of state-owned land), which are still maintained nowadays. There is a greatturning point regarding the principles of public interests in the systems of land and houseexpropriation, with2004Constitutional Amendment, Amendment of Land Management in2004, and the amendment of Property Laws in2007. Nevertheless, with Property Lawscoming into effect, it was unresolved concerning how to uphold the principles of Constitutionin light of public interests in land and house expropriation. There are two important movesthat welcome actual implementation of the system of house expropriation, with theabolishment in2011of “Regulations on Urban House Demolition” and also the enforcementof “Rules of House Expropriation and Compensation on State-owned Land”.This paper discusses the system of land expropriation system, from the basic theory ofthe system of land expropriation in China, public interest in the legislative analysis, trying toclarify the principle of public interest and the law of development, learning from foreign landexpropriation public interest legislation advanced experience, analysis of the current landexpropriation system of China public interest in characteristics and realistic predicament, putforward to realize the system of land expropriation in China the principle of public interestlegal conception. This paper is divided into five chapters.The first chapter analyses of public interest in land expropriation. This chapter firstlyintroduces the concept and characteristics of land expropriation, secondly, on landexpropriation and requisition of land, public interests and public interests as a comparativeanalysis. The second chapter, on the system of land expropriation in China analyzes on the publicinterest. This chapter first to China’s land requisition system of the public interest principle inlegislation undertakes combing, analyzes it in our country’s alienation and effect, explore thepublic interest principle in regression.The third chapter analyses the system of land expropriation in China public interest inthe plight of the realistic predicament. This chapter first of China’s current land expropriationsystem of public interests because of environmental analysis, and on the " state-owned landon the housing levy and Compensation Ordinance " limitations of public interest.The fourth chapter is on the land expropriation system, public interest research. In thischapter, from the United States and Taiwan area of our country land expropriation legalsupport system proceed with, to the United States, Germany, Japan the land expropriation andthe principle of public interests and the public interests procedures for the determination ofthe contents of research.The fifth chapter is on the realization of China’s land expropriation system of publicinterest principle in the proposal. This chapter combines with the current land expropriationsystem of public interest principle to realize the problems existing in the corresponding legalcountermeasures, specific system includes reasonable definition of public interest, publicinterest main body, perfect clearly defined procedures, land expropriation legislation ideas,and put forward to solve the non-public interest land demand such as the train of thought.