Research On The Definition Of Public Interest In Land Expropriation In My Country

With the rapid development of urbanization in China,land expropriation has become increasingly frequent.Due to the shortage of land resources and improper handling in the process of land expropriation,the problems and disputes arising from land expropriation also increase.For example,in recent years,in the process of land expropriation,some administrative organs hold high the banner of public interests to forcibly expropriate land,and frequent incidents of infringement on the interests of the expropriated people lead to further intensification of social conflicts.The basic reason is that the definition of "public interest" as the premise of land expropriation is not clear enough.At present,the definition of public interest in China is always too broad and abstract,and the definition of public interest is in a relatively vague area.This will make the implementation of the collective land expropriation system in reality into a dilemma.which is not conducive to the smooth progress of the land expropriation system.This article used the empirical analysis,standard analysis and comparative analysis research method,through to the basic system of public interests,from the necessity of defining the public interest,in contrast to foreign about defined public interests,on the basis of system from two aspects of entity and procedure for the public interest defining problems in collective land expropriation,and proposes the corresponding system.In the introduction of the first part of this paper,it mainly introduces the research background and significance of the thesis,as well as the specific research methods,including:empirical analysis methods;Normative analysis methods and comparative analysis methods;In the second part,the author mainly introduces the basic theories related to public interest,including concepts and general principles.In the third part,it analyzes the current research status of this topic in China's theoretical circle,and the theories put forward by foreign scholars with reference value.The fourth part from the public interest as the only basis for land acquisition in China,demonstrates the necessity of public interest to define;In the fifth part,it mainly expounds the dilemma faced by the definition of public interest in the process of collective land expropriation in China from the two perspectives of entity and procedure,and analyzes the reasons for the existence of the dilemma from the three aspects of system,law and the game of various interest demands.In the sixth part,the author through other country representative countries for the definition of public interest,and fully meet the needs of reality in our country special national conditions,comprehensive consideration how to break through the definition of land expropriation in our country about public welfare,finally put forward from two aspects of entity and procedure through the plight of public interest definition of land expropriation in our country system.