A Study On The Definition Of Public Interest In Collective Land Expropriation

Public interest is a very important knowledge point in the study of law.Our country advocates collective and public ownership,so public interest is the most important in our country.The spirit of our Constitution embodies that only the public interest can be regarded as the sole legitimate purpose of land expropriation,which highlights the importance of defining the public interest.And that is precisely what is lacking now.In our country,the phenomenon of collective land expropriation is very common.How to protect the public interest in collective land expropriation requires a clear definition of the public interest in both the entity law and the implementation procedure.The definition of entity law can solve the problem of whether to levy or not,and the procedural definition can solve the problem of how to collect.The purpose of this paper is to find a more reasonable way to solve the problem that the concept of public interest is unclear,the definition is unclear and the implementation is improper in our country’s land expropriation.This paper mainly through six chapters to explain the author’s understanding of the definition of public interest in collective land expropriation and thinking:The introduction is mainly about the background and significance of the topic,the literature review and the author’s research methods and content.The first chapter mainly describes the basic general situation of the public interest,in order to clarify the definition of the public interest,we must first understand the characteristics of the public interest.The relationship between the public interest and the interests of the individual,the collective,the social and the national is also to be understood,since the key to defining the public interest is the ability to distinguish between different interests and to have a clear understanding of the blending and differential parts of them.The second chapter mainly describes the present situation and predicament of the public interest protection in the collective land expropriation in our country at the present stage,first of all,expounds the collective land expropriation system and its characteristics at the present stage,second,describes the current collective land expropriation system and its present situation in our country,and finally summarizes the problems existing in the land expropriation system,the harm caused and the loopholes in the definition of public interest in order to solve the problems that have been revealed.The third and fourth chapters mainly describe my thinking on the way and standard of defining public interest.First,the third chapter should clearly define the way,define the public interest by perfecting the legislation and the division of power,and then the fourth chapter determines the definition standard of public interest from two aspects: entity standard and procedure standard.The fifth chapter is mainly to make a summary of the full text,from the three aspects of decision-making,implementation and relief summed up the definition of standards,collection procedures and dispute resolution methods,clear the definition of public interest standards,improve the relevant entity laws and procedures,unimpeded judicial relief channels.