Research On The Legal Protection Of Public Interest In Collective Land Expropriation

In recent years,the mass incidents caused by collective-owned land expropriation have been endless,which seriously damaged public order and social harmony.The main reason is that the illegal acts of collective-owned land expropriation are too rampant,and the public interest lack effective legal guarantee.Existing illegal expropriation of collective-owned land cases show that,the illegal act of collective-owned land expropriation which does not pay attention to guarantee the public interests,not only make it impossible for the legal public interests to be realized,even further damage the public interests,including food security,environmental resources,public order,and so on.Public interest is the legitimate basis of collective-owned land expropriation,it is also an important factor to curb illegal expropriation,and a bridge to realize the coexistence of economic development and social harmony.If we want to implement the collective-owned land expropriation successfully and finally achieve its goal,it is very necessary to take strict legal protection for the public interest,which is also the requirement of a society under the rule of law in China.After combining typical cases with the current status of public interest protection in law of collective-owned land expropriation,this paper concludes that there are many drawbacks in the current legal guarantee of collective-owned land expropriation on public interests,which include the scope of fuzzy definition,the unfair definer,lacking of public interest argumentation,ignoring the right to know and to participate,defective supervision system,obstructive self-relief procedures,and the inadequate legal liability.For standardizing the behavior of collective-owned land expropriation to implement the target of public interest,it is urgent to improve the disadvantages of legal guarantee.For exploring the effective path to improve the legal guarantee,this paper draws on the extraterritorial law of land expropriation,including the United States,Japan,France,Canada,Russia and Macao,and gain the legislative enlightenment from the public interest definition system,decision-making procedures of expropriation,supervision and relief system,and liability system.After combining the enlightenment with our national conditions,it puts forward some legislative suggestions to make up the disadvantages of the legal protection of public interest on the Chinese collective-owned land expropriation.These legislative suggestions include legislating the public interest,making the definer independent,establishing prepositive public interest argumentation and postpositive judicial review,substantiating the public participation,remedying the land supervision,providing legal assistance for the dispute of expropriation,filling the gap in civil liability regulations,improving criminal liability regulations,and increasing the accountability efforts.