Study On The Balance Of The Public Interest And The Protection Of Private Rights In Agricultural Land Consolidation

The purpose of the agricultural land consolidation is to improve the efficiency of resource use of land and the overall production capacity, to ensure food security, protect and improve the natural environment, and to create and optimize landscape ecology, the development of urban and rural economic and social integration. There is no specialized agricultural land consolidation law makes finishing the program rules to supply public goods for the purpose of the public interest in agricultural land consolidation; core powers to control and limit the powers exercised specification; relief to focus on personal gain protection system, the lack of specific provisions. Status of this legislation caused the government is extremely casual finishing behavior without hesitation, land grabbing interest; Private passive discontent not afford benefits, compensation sad indignation. The above phenomenon is a direct impact on the effect of agricultural land consolidation and private equity. Indirect effects of social harmony and stability and the credibility of the government.Today’s attention theorists unabated and scholars have devoted a lot of enthusiasm. Agricultural land consolidation effect is fully realized, is a cross-cutting issue, we need a systematic scheme to resolve the legal norms only for the program can be implemented correctly in the value of tools to provide a rule and the the finishing problem can be resolved in a reasonable radius of Scholars believe that the legal theory of agricultural land consolidation is a very complicated system, which generally include:administrative law theory of power control; interests balance theory in legal philosophy; civil law in the protection of the rights and remedies theory, etc.. Article is within the scope of law protection of private rights in agricultural land consolidation discusses the analysis and proposed or immature solution path:1.Agricultural land consolidation promoters include individuals and private organizations. The pick of this paper, this analysis of the theory of public goods and come to an affirmative answer to the provision of public goods and services that social subjects should be private organizations prior government agencies in the post. Only private provision of public goods and services can not be in the stage of development of specific social, the Government will be able to temporarily provide public goods;2.Charity finishing issues of public interest criteria. Finishing welfare manifestation is to meet people’s basic needs rather than to meet a specific public need that source of legitimacy of this collection rights derived through analysis of the deconstruction of the concept of "intensive use of land" and finishing purposes. Agricultural land consolidation can exist simultaneously levy and welfare finishing. Consolidation planning need to be imposed on the project, the government can exercise their collection rights and should be compensated. Finishing the project on the public interest in the consolidation planning, the government enjoyed the right to mandatory the finishing rights rather than levied;3.agricultural land consolidation the Public Levy exercise scoping. Through the critical point of the public interest on public typed field in the quasi-public goods. Quasi-public goods, the administrative authority must be expressly authorized and government as the only entity that provides, be exercised levied rights deprivation or restriction of the rights of the land to be finishing;4. The mandatory finishing rights and narrowly police the right to distinguish and define the problem. The purpose of the deprivation and restriction of property use behavior, clearly drawn distinction path that narrowly police power for the purpose of property rights and interests of deprivation and restrictions prevent its damage to the public interest, and the purpose of mandatory the finishing rights deprivation and restriction of property rights is maintain or promote the realization of the public interest;5.The problem of how to protect the private interests affected due to finishing behavior. In this paper, the to establish negotiation rights, including non-public consolidation project completely Autonomy, the collective representation of individual farmers the right to appeal, finishing the compensation subject of expansion request the right system of rights and public interests of the consolidation project judicial review procedures system.