Legal Definition Of Public Interest In Land Expropriation

Land,a natural collection of earth's surface attachments including geology,hydrology,soil,vegetation,and many other elements,is the core resource of social development and the material wealth of a country and its citizens.Land expropriation is the product of industrial civilization.The administrative act of the state's public power legally depriving citizens of private property rights reflects a higher level of interest category.Personal interest is the basis of all interests,and public interest is the higher level of personal interest.Therefore,as the only legal requirement for land expropriation,public interest is not only the protection of citizens' property rights,but also the restriction of the state's expropriation rights.The law is the general term for the code of conduct that the state's public opinion organs exercise the highest legislative power,establish,modify,and abolish in accordance with statutory procedures,and the implementation is guaranteed by the state's coercive force.China's current laws have not yet clearly defined the norms of public interest in land expropriation,leading to frequent abuses of national expropriation rights in the field of law application,and public interest loses its original value and alienates into the sword of Damocles on the head of rural collective land.This thesis draws on the experience of extra-territorial rule of law and civilization,sorts out the current laws and regulations in China,analyzes the application of laws in depth,and designs a set of logically defined mechanisms.In the field of substantive law,the definition standard is clear,the definition scope is clear,subject sharing is defined,and the creative dynamic adjustment model is defined.In the field of procedural law,the principles of definition are established,the rules are diverse,the procedures are smooth,and finally the legal interests of public interest in land expropriation in the context of multiple values and complex language are brought together.Therefore,the content of this study is as follows:Chapter ?,Introduction.Starting from the current national political system reform and the era background of a country ruled by law,a government ruled by law,and a society ruled by law,this part explains the purpose and significance of this research and describes the research ideas,research methods and innovations,combined with domestic and foreign literature reviews and analysis in the past 10 years.Chapter ?,The theoretical analysis of public interest in land expropriation.At present,a hundreds flowers blossom,a hundreds school of thought contend in the theoretical circle.Interms of land expropriation,there are public choice theory,expansion collection theory,property right economics theory.In terms of public interests,there are national interests,collective interests,commercial interests,personal interests.In terms of law theories,there are natural law school,analytical law school,social law school.A comparative study of various theories outlines the guiding ideology in practice.Chapter ?,The legal definition and analysis of public interest in land expropriation in China.China's current pyramid legal system is full of contradictions,confusion and absence of laws and regulations concerning public interest of land expropriation,and there are problems in judicial practice such as confusion of standards,ambiguity of scope,unclear subject and lack of procedures.The reasons behind are the absence of land ownership,the incapacity of power,and the lack of procedures.Chapter ?,The legal definition of public interest in land expropriation outside the territory.There are 2 major legal systems in the world today.That is,common law system and civil law system.Through comparative analysis of the definition standards,definition scope,definition subject,definition procedures,the legal basis,defining subject and defining procedure of public interest in land expropriation are obtained.Chapter ?,The entity countermeasure of defining public interest of land expropriation.Based on the previous discussion,and the results of previous studies,starting from the national conditions of China's public ownership,this thesis concludes that in the field of substantive law,the criteria of design definition should include exclusion,reverse type,interest measurement,dispute justice,defining the scope should exclude economic interests,commercial interests,the subject of definition should be demonstrated in advance,disclosed in the process,reviewed afterwards,and judicial relief,and the dynamic model should be scientifically rigorous and balanced in development.Chapter ?,The procedural countermeasures to define public interest in land expropriation.The entity list has its own limitations.In the field of procedural law,the standards of design and definition should be beneficial,public and legal.The principles of definition should be in line with the proportion,due process,legal reservation,economic analysis.The rules of definition should be announced procedures,hearing procedures,evidence rules,relief procedures.