Definition Of Public Use Of Eminent Domain Of Rural

The concept of public interest itself is uncertain and epoch-making.How to define itself is a problem.In addition,the term "public interest" is widely used in our country's law,making it an all-encompassing concept.At present,China's "Land Management Law" has not specifically regulated the public interest in the expropriation,which makes the function of "protecting private rights" and "restricting public rights" in the public interest impossible.The former means the scope and ability of farmers' property rights.Whether to gain respect,the latter lies in whether or not to form restrictions and restrictions on the right to collect.In view of this,in Article 20 of the "Land Management Law(Amendment Draft)" draft of the Land Administration Law(Amendment Draft)issued by the Ministry of Natural Resources in January 2019,an attempt was made to define the public interest,and the Regulations on Compensation for Houses on State-owned Lands,which came into effect in 2011.The scope of the public interest is basically the same,but the fifth paragraph,“The government needs to use land for development and construction within the scope of urban construction land determined by the overall land use planning”,has opened a hole for the public interest,actually the government.The "small levy" behavior provides a legitimate basis and completely obliterates the proper role of the public interest.China's understanding of the meaning of "public interest" lacks the cultural basis of "rights" and "independence".The land expropriation system is alienated,and it is more complicated in the field of agricultural land.For example,the logical contradiction within the system of China makes the land expropriation The specific provisions of the public interest have been delayed.This paper comprehensively examines the evolution of the concept of Western public interest in political philosophy.On this basis,it combines the US jurisprudence to analyze the reasons for the court's judgment on the public use of land expropriation.The evolution of interests thus presents the cultural and institutional differences behind the public interest.In addition,combined with the revised draft of the Land Administration Law,the public interest dilemma in the current agricultural land expropriation is analyzed,and the way out is tentatively found.In addition to the introduction and conclusion,this article is divided into four parts.The first part is the evolution of public interest in Western political philosophy.The discussion of personal character and political obligation in the West has been presented andcondensed into a public pursuit.Its research focuses on the civic character from the abstract value mapping in ancient Greece and the Middle Ages to the political obligation of rational political secularization in modern politics.Different periods have different conclusions on public interest,which directly serve the corresponding political doctrine,but can reach a basic consensus on the public interest,that is,a specific group of individuals who need to refer to personal interests and national interests as a reference group.The connotation and extension of interest are constantly changing and developing in the construction of political philosophy among scholars.The concept itself is attached with a Western way of thinking,with inherent tension and explanatory power.In our country,there is a lack of cultural soil for understanding the sources of public interest.The understanding of “private” and “private interests” implies a protected “freedom” meaning.When the people's wishes are “freedom of asylum”,forever There is also no real freedom,which leads to the strong nationalism of our country's public interest.The second part is the evolution of public interest in Western land acquisition.The US levy system is directly influenced by the different understandings of the concept of property by legal persons,and has undergone changes from “acquisition” to “non-acquisition”.When concentrating on the public use of this element,it analyzes its jurisprudence and finds its tendency to present a broad interpretation,mainly in the aspects of urban reconstruction and land reform,and attempts to analyze the reasons behind this trend.The public interest of land acquisition in Germany is scattered in the laws of specific departments of various ministries.It solves the problem of public interest through different situational regulations and has a strong guiding significance for China.The third part is the definition of the public interest in the collective land acquisition in China.Firstly,through the analysis of the public interest clauses in the three versions of the land management law amendment,the relationship between public interest and urban planning is clarified,and then the public in the collective land acquisition is analyzed.The cause of the dilemma of interest.The fourth part is the evaluation of Article 45 of the revised draft of the Land Administration Law.Analysis of the rationality and defects of the article,in order to benefit the definition of public interest.