Research On The Application Of The Principle Of Reliance Protection In Land Expropriation

The land acquisition is mandatory denial of lawful private property rights. Thepurpose of public interest, the authority and procedures of land acquisition, thereasonable compensation are the three core issues of Land Expropriation. The publicinterest is the only legitimate basis and the only premise of validity for landexpropriation rights to launch, however, in modern administrative rule of law,"Publicpriority" can’t be at the expense of substantial damage to private interests, and theadequate and reasonable compensation for expropriation should be its proper meaning,and all these depend on a set of scientific and rational and effective operation of landexpropriation proceedings. But, the current Land Expropriation in China hassignificant flaws. The concept of public interest imaginary has led to the proliferationof land expropriation behavior, and the lack of due process has led to landexpropriation rights unconscionable, and unconscionable compensation forexpropriation has resulted in loss of private interests irreparable. Ultimately, thelegitimacy of Land Expropriation suffered a serious challenge, and the whole systemhas reached a tipping point.The core value of the principle of reliance protection is to protect the stability ofprivate property rights. The intervention of the executive power to private interests isstrictly limited under the premise of public interest which reasonable compensationmust be given for the losses of private interests suffered by power, however, this is thekey to crack the current predicament of Land Expropriation. Therefore, it is necessaryto introduce the principle of reliance protection of administrative law into LandExpropriation.In this paper, through the analysis of the current plight of Land Expropriation andthe applicable conditions of the principle of reliance protection, the necessity andfeasibility of introducing the principle of reliance protection into Land Expropriationis demonstrated, and analysis of the basic connotation of the principle of relianceprotection lays a theoretical foundation for the specific combination of LandExpropriation. On top of this, the paper launches a detailed analysis of the applicationof the principle of reliance protection in Land Expropriation by the basic theory of theprinciple of reliance protection of administrative law and by the starting point of thethree core issues of Land Expropriation which are public interest, legitimate authorityand procedures, reasonable compensation, trying to detail analysis and improve someof the legal system.This paper thinks, it not only opens up a whole new survival soil for the principleof reliance protection, but also found a new breakthrough point to study LandExpropriation, which introduces the principle of reliance protection of administrative law into Land Expropriation. It has important theoretical and practical significance tothe improvement of the principle of reliance protection and the development of LandExpropriation.