Research Of Public Interest Issues In The Process Of The Rural Land Expropriation

Rural land expropriation is a measure that leavy the collective owned land to the stateunified use which is in need of the public interest, in accordance with the law, following thestatutory procedures. This policy is the land ownership transfer happening between the stateand the peasants collective which have transfer the farmer collective land into the state ownedand also giving appropriate compensation to the peasant collective and individual.Inconsideration of the public interest requires, that the government carry out land expropriationis the government function.The public interest is the core issue of land expropriation: it is both the premise and thepurpose of the land acquisition and also occupies an important position and role in the processof land expropriation. The missing and alienation of the public interest during the landexpropriation process have affecting the normal realization of the public interest. To realizethe public interest during the process of the land expropriation, we should work from thefollowing several aspects: First, to analyze the characteristics of the public interest, accordingto the principle of proportionality, the interests of the measure principle, the principle of faircompensation, the principles of due process of law, the principle of advancing with the times,using the way of public law and private law differentiate, the combination of the summed andenumerated, laying equal stress on restrictions and authorization make a clearly define of thepublic interest in the land acquisition process; Second, to reform and perfect the current landexpropriation system from the land expropriation compensation system, administrative publicsystem, administrative hearing system, etc.; Third, standardizing and improving the existingland expropriation; Fourth, to raise awareness, protecting the rights and interests of farmers,changing the government’s concept of the use of land resources, establishing proper process oflaw concept.