Research On Legal Definition Of The Public Interest In "Property Law" Levy System

With the deepening of reform and opening up, the rapid development of China’seconomy promote the acceleration of urbanization, more and more rural land is levied for thepublic interest purpose, at the same time, in the town,the scale of houses demolition are alsogrowing. Whether the land expropriation or house expropriation all involve a important legalconcept--public interest. The public interest is also the value goal which pursued by themodern law, particularly the private law, public interest frequently occurs in people’s life, andexists in the legal’s context of every country, public interest is the legitimacy reason of thepublic power to restrict the private rights. In our country, although the Constitution,Propertylaw,State-owned land on the housing levy and compensation ordinance and the other relevantlaws and regulations all principled stipulate element must for the public interest, but due tothe public interest itself has the high degree of generality and uncertainty characteristics, sothe current law did not make a clear definition of the public interest. The laws are indistinct,and the executive abuse of power, particularly the commercial interest was involved inimproper, making a lot of people’s legitimate rights and interest suffered a seriousinfringement, group incidents occur frequently, and the conflicts between citizen and theexecutive unceasing，and there is more and more group petition,these have become thedisharmonious factors which affect our social stability. Therefore, in order to improve ourcollection system, it is necessary for China’s legislative system to scientific define the publicinterest.Besides the preface and conclusion, this paper includes four parts:The first part, this part is the overall overview of the public interest in the property lawsystem. First, the author explore the connotation of the public interest, and on this basis, theauthor used the method of comparative to analysis of the relation and distinction betweenpublic interest and the related concept, in order to further grasp the connotation of publicinterest. And explored the theoretical basis of public interest as the premise to restrict citizenprivate ownership, analyzed the feasibility and necessity to define the public interest. The second part, Mainly analyzed our country’s law how define the public interest andwhat problems existing in the law. In this part,the author firstly summarized thecurrentsituationoflegislation about how define the public interest, then analyzed the mainproblems about defining the public interest in our country’s legislation, and discussed thecommercial interest which occur frequently in practice but legislation defined not clearly.The third part, mainly researched that the foreign law how to define the publicinterest.In this part,the author firstly analyzed and compared the law about public interest’sdemarcation in the world’s major countries, then summarized the common and differencesbetween the various countries’ legislation, and finally draw the useful legislation experiencefrom the foreign law which is good for our country’s future legislative.The fourth part, mainly discussed how to consummate the definition of the publicinterest in our country’s expropriation system.In this part,the author from entity andprocedure two aspects put forward the Suggestions of perfecting our country’s expropriationlegislation, and put forward that our country should establish a binary system which containexpropriate and requisition, in order to overcome the defects that land expropriation range istoo wide in public interest standard, so as to standardize our country’s expropriationlegislation, and protect citizen’s private property rights.