A Study On The Definition And Implement Of Public Interest In Urban House Expropriation

Public interest is the core value of the pursuit of public administration. The theory and practice of public interest face multiple complexities during the transition period in China. On the one hand, with the development of political democratization and civil rights awareness growing, the public interest have to face the extrusion and digestion from the individual interests; on the other hand, as there is a long way to go in the political reform, the market economy system is far from perfect as well, executive power is still firmly grasping the scarce resources, the public interest can easily be equivalent to the national interests and the government interests. Under such situation, public interest becomes an excuse for infringement of personal interests by public authority. Serious differences on the connotation and denotation of public interest theory, as well as the long-term absence and "unstructured" about the concept of the public interest in legislative and public policy practice can not be ignored. This article focuses on the urban housing expropriation areas, which public and personal interests intertwined and conflicts most concentrated, as well as the social groups protest. This paper studies "Regulation on the Expropriation of Buildings on State-owned Land and Compensation", which is the most important policy about urban housing expropriation, exploring how to define and achieve the public interest from the physical and procedural respectively.In the physical, the paper reviews the evolution of the concept of public interest in our legislative system and the value of public policy behind. Combine with the investigation of academic research and extraterritorial legislation about the public interest, the paper raises a set of operational standards of defining public interest to compensate for the traditional shortcomings of defined and exemplified. Thereafter, the paper analyzes the significance and limitations of the Article, exploring the reasonable interpretation space and restriction of the terms with the method of text analysis and legal hermeneutics. After that, the paper selects the reconstruction of the old town as a typical case study. In complying with the rule of law, protection of the fundamental values of individual rights, taking into account the reality of urban development, the paper demonstrates and proposes a set of judgment methods of public interest which distinguishes the means and the ends.In the process, the paper briefly analyzes the rationality and limitations of definition of public interest by the legislature, the executive or the judiciary respectively, proposing the view about how to play a functional advantage of each public power sector from the value standpoint of constitutional separation and balance of powers in order to enhance the overall effectiveness of the definition of public interest. This analysis revealed the democratic control settings and its internal logic and rationality during the period of expropriation decision is made. Through the study of public expression in the controlling procedural of public interest, the paper reveals the coordination between "public opinion gradually focus "and" progressive strengthening program" reflected in the procedures of public participation in the decision of expropriation. Finally, With the analytical framework of "Smith Model", the paper analysis the related factors which restrict the effectiveness of existing procedures during the definition and achievement of public interest by inspection of the people’s congress system, administrative hearings and administrative litigation law system etc.