Research On The Balance Of Public Interests And Private Interests In China’s Expropriation System

The rapid development of China’s economy has generated a lot of demand for land.In the context of the prohibition of collective land entering the market,expropriation has become the main means to meet the demand for land.A large number of levy disputes once became one of the main contradictions affecting the social order of our country.The protection of public and private interests,conflicts,measurement issues,and human rights protection issues have always been the focus of academic attention.It is proposed that the expropriation is a process of legal balance between public interest and private interest throughout legislation,law enforcement,and judicial.based on the balance between public and private interests,including communication,measurement and rebalancing of public and private interests.The inter-subjectivity principle 、proportionality principle、principle of fairness and principle of reasonableness are applicable,with due process and fair and reasonable compensation as the measurement standard.First of all,the expropriation is essentially a process of balancing the public and private interests and public and private rights through the entire process of legislation,law enforcement,and justice.There is no absolute superiority between the parties.The balance of public and private law in the collection system includes full interest communication,substantive interest measurement in accordance with the principle of proportionality,and fair and reasonable balance of interests.The basis of the balance of law is the principle of due process.As well as fair and reasonable compensation,these two standards have visibility and evaluability.Secondly,there are imbalance problems in the expropriation legislation and practice.In our country,there are problems in the allocation of collection norms that the constitution has not played a guiding role,the public and private laws of collection are fragmented,and the collection norms system is not unified;There are problems of alienation of public interest,insufficient collection procedures,prior and fair and reasonable compensation is not given,and the judicial organ ’s review role is not played.Finally,in order to solve the problem of imbalance in standard configuration and practice,we must combine the basic principles of the balance between public welfare and private benefit,and explore a solution to the balance of the collection method.Expropriation legislation needs to give full play to its private property rights protection function through constitutional interpretation,and establish the principles of due process and fair and reasonable compensation;based on Article 117 of the General Regulations of the Civil Law,strictly restrict the conditions for expropriation,the type of public interest and The specific collection procedure is stipulated by the public law,and the compensation can be determined based on the principle of fairness and equality in the civil law,and the damaged legal interests can be completely filled;in order to unify the collection norm system,the principle of legal reservation must be adhered to.In order to ensure the effectiveness of legislation,the highest legislature ’s initial distribution of benefits needs to fully listen to public opinion in the legislative process,and to a certain extent make up for legislative deviations brought by the representative system.For the problems in the enforcement of the collection,it is necessary to establish a public interest review process,increase and implement the hearing process and announcement process,so that the collected party can participate in the collection process from the beginning to the end,and communicate with the collecting party for full interest,Negotiations will eventually reach the best agreement;for the judiciary to give full play to its judicial review function,it is necessary to conduct a substantial balance between public and private interests,including the review of the legality of public interest and the principle of proportionality.From the standpoint of restoring private rights reasonably,consider closely related factors to ensure that disputes can be resolved legally,reasonably,and reasonably.