The Research Of The Public Interest That Collcective Land Expropriation Requires

Through combing and analyzing the case of a magic weapon of Peking University database about collective land expropriation, the paper aims to find the public interest that the court accepts. So the author studied the case of a magic weapon of Peking University database about collective land expropriation until January 14, 2014. According to the data retrieved, we find that the rate of case that is not controversial does not match the proportion of the theoretical circle to start a discussion around the public interests content. In addition, the authors also find a strange phenomenon that there is no case of denying public interests in all cases. The court did not review of public interest requirements directly. Based on the analysis of the case, the author refers to the experience on state-owned land, and put forward some suggestions about collective land expropriation. The court may require the defendant to provide sufficient evidence to prove it. The court shall examine whether the government construction projects listed in the national economic and social development plan. At last, the paper sums up the public interest types the judge acknowledged: 1) construction of the government office and residential land; 2) environment, land resources, poverty alleviation and other public engineering; 3) for the city's planning and implementation of construction land; 4) the approval of the provincial people's government on the implementation of land use for construction projects; 5) land for tourism development.