Reasonable Definition And Procedural Guarantee Of "Public Interest"

To speed up the urbanization process,the government implemented a rights,land housing is a key step of urbanization,it is a matter of economic development and people's livelihood security,is the modernization of social development in our country is a very important step,but in the process of land house acquisition caused by contradiction become a serious social problem in a job now.Administrative expropriation is the process in which the national government exercises public power and USES public power to interfere with citizens' private rights."public interest" is the only legal basis for the national government to implement the administrative act of land and house expropriation.Therefore,"public interest" has always been an important concept of legal theory,but China's constitution and current laws have not made a reasonable and clear definition and provisions on it,and its ambiguity has caused a certain loss to the property of citizens,causing difficulties to administrative law enforcement and judicial trial.This article USES the positive research method and the comparative research method and so on the law research method,respectively from the entity and the procedure two aspects carries on the research to the land house expropriation public interest.In entity,this article first "public interest",both on land housing rules and judicial review case,through the public interest in China current law on land housing rules and actual cases found in reality present situation and problems of the housing land levy,clarify fuzziness and the necessity of "public interest" definition,at the same time compared with some countries and regions corresponding system,found the shortage of the system of public interest in our current laws and regulations,so as to explore system,determine the scope of public interests and public interests standard.In terms of procedure,the public interest information disclosure system,investigation and demonstration procedure,public interest hearing procedure and judicial relief mechanism are improved through China's system and practical case study,combined with the system of some countries and regions.