The Public Interest Research On Immovable Collection

In recent years, the economy of our country has developed very fast. The urbanization is a powerful engine for China’s economic development. Because of this, there were a lot of immovable collections. Almost all the countries had set up the rule that the aim of immovable collection must be out of public interest. But in China, the law did not define the public interest very specific, so the administrative power has been over used. Based on this, this thesis was divided into four parts in order to analyze the public interest.In the first part, the author analyzed the necessity of defining public interest through the effect of public interest, the value of law and how to prevent power from abusing. Analyze the importance of defining public interest from the individuals’legal right protection, the judicial justice and the need of building a harmonious society.In the second part, the author discussed the methods and principles of defining public interest. The methods include generalization,enumeration,generalization and enumeration, and exclusion. The principles include the principle of due process, the principle of proportionality and the principle of fair compensation.In the third part, the author mainly discussed how to fulfill the legislation claim about the public interest in the immovable collection. It includes the information publicity, collection procedure legality and the limitation of collection.In the fourth part, the author mainly discussed how to fulfill the public interest in the procedural aspect, it mainly includes the participation rights of the public, the efficient supervision and judicial relief system.