Definition Of Public Interests Under China’s Levy System

Since the Reform and Opening-up in China, it witnessed a rapid development ofeconomy, continuous social reforms, accelerating urbanization and series ofremarkable achievements. These accomplishments are inseparable from benefits ofnational collection on citizen’s property. However, since the insufficient guarantee ofprivate rights of citizens, there are numbers of problems in the collection process. Thefirst issue is about starting conditions of the collection: the definition of publicinterests has system defects to some extent. This paper mainly analyze currentdefinition of public interests by studying its the trend of development. And then it willpresent some improvement measures.The traditional development of public interests experiences three historicalstages: absolute state period, free country under the rule of period, the welfare stateand social state period. During theses three periods, the definition of the publicinterests is expanded from public use to public purpose, and this is the inevitableresult of economic and social development.By contrast, the development of China’s public interest theory is relatively slow.Generally, it has also experienced three periods. In the first period, the concept ofpublic interest was established at the start of founding of People’s Republic of China.Then the second period was the development of public interests in twists and turnsafter China’s reform and opening. The third period was the2004amendments to theConstitution of China, which made substantial progress. The present stage of publicinterests of our country mainly define the Provisions in2011through the Houses onState-owned Land Levy and Compensation Ordinance, it refines the lists of publicinterests comparing with general principles of public interest without specific contentregulation. From this perspective, it has certain significant progress.However, owing to the growing trend of the development of public interest inChina, the simple list mode cannot satisfy the tendency of expansion. Althoughenumerated type mode limits the public power, it plays an important role to ensure theright of privacy. However, if it always happens, economic development of our countrymay have negative effects rather than positive one.In this regard, it needs redesigning the public interest. It can keep the current listmode in the premise of introducing generalized model to enrich the content of the public interest, make up lists type model of rigidity. And at the same time, in theprogram on introduction the major issue of National People’s Congress approvalsystem, and increase the jurisdiction of administrative power intervention from theprogram of administrative authority greater discretion to restrict, and the last in thesystem guarantee, increase compensation dynamics, ensure collection faircompensation fully to promote China’s public interest definition model in the practicaloperation.