Definition Of Public Interests In Land Expropiration

As land expropriation system being a basic legal system, the laws of various countriesstipulate it. And in recent years, our country is during a period of fast developing economicprocess, so the land expropriation has become a hot issue that we have to face. Actually, theland expropriation is the restrictions on the civil rights, although the provisions of this systemcan be found in many countries’ laws with different in surface, but identical in content they allstipulate that the land expropriation should in the sake of the public interest, the laws of ourcountry is in no exception, too. But it should be said that in a very long period of time, thelegal definition of the public interest in our law is too abstract，all of our laws do not definethe concept of the “public interest”. At the beginning of2011, China has promulgated andimplemented the “The Housing Levy and Compensation on the State-Owned LandRegulation”, although the normative object of the “Regulation” is not the land expropriation,but the “Regulation” try to define the concept of public interest in law for the first time, andthe “Regulation” has design a series of corresponding programs, these are useful for us todefine the public interest in land expropriation in the future, but is has to say that the“Regulation” is still sufficient in theory and practice, so this should be noticed. Thus ourcountry still need to continue to study the “public interest” in land expropriation, and try toget the connotation and essence of the public interest in law, to regulate our land expropriationsystem, and to protect the legal private rights of our citizens.This paper is divided into four parts, the first chapter mainly studies the necessity andfeasibility of the defining the public interests in land expropriation in our country, we startfrom the definition of the public interest and the present provisions of the public interest inour state, and try to explore the lack and the defects in our current provisions, and then toanalyze the necessity and feasibility of defining the public interest in law during the research,on the other hand, this chapter also studies the “The Housing Levy and Compensation on theState-Owned Land Regulation”, although the object of the “Regulation” is about the houseson state-owned land, but the first legislation in our country on the public interest in this“Regulation” should has some reference function on the definition of the public interest inland expropriation in law in the future.The second chapter is mainly about the comparative study of the legislation of definingthe public interest in land expropriation in several major countries and regions in othercountries except China, and during the study, we try to get some worth learning experience:most of the foreign countries and regions have a clear defining mode to define the scope of the public interest in land expropriation, and they all have a clear subject to define the publicinterest, at the same time, the foreign countries and regions have design a certain proceduresto define the public interest, and they also design the corresponding relief procedure, such asjudicial review procedure. All these provisions are designed to limit the discretionary powerof the government, and to protect that the public interest can be realized, then the legal privaterights of our citizens can be protected. And we have to say that all these experience areuseful for us to build our construction of the public interest system.The third chapter and the forth chapter are the focus point of this paper, they are about tobuild the construction of the definition of the public interest in our land expropriation, thischapter is mainly focus on the lack and the defects in our current legal systems of the publicinterest in the land expropriation, and basic on these lack and defects, we try to put forward anew legal system to give a reasonable definition about the public interest in China, and thenew system mainly includes: the principle we need to adhere to during defining the publicinterest, a clear definition of the mode and the scope of public interest in law, and a clearsubject to define the public interest, and the last is to design a corresponding procedure for thepublic interests in the land expropriation in china.