Research On Public Interest Identification Procedure In Collective Land Expropriation

As a large population and agricultural country,land resources is an important scarce resource in China,and plays a vital role in the political,economic,social and other fields.With the revision of the new Land Management Law,the issue of land expropriation and agricultural land transfer has once again become the focus of public attention.Under the basic system of dual land ownership in China,land expropriation is the only way to change the land ownership.As the only legitimate reason for all countries and regions to exercise the land expropriation power,the public interest is the primary problem of the reform of the land expropriation system.How to deal with the identification of public interests is an important content of solving rural land disputes.Due to the ambiguity and development of the public interest itself,its connotation and extension cannot be clear,and there are inevitable to be omissions in the identification of public interests through legislation.Through the construction of the program system,to solve a series of problems existing in the current practice is the top priority.At present,most of the problems faced in land expropriation in China are caused by the lack of land expropriation procedures,and the most important part of the decision of land expropriation is the identification procedure of public interest.Therefore,it is imperative to build a procedural mechanism of public interest identification in collective land expropriation.Starting with the problems existing in public interest identification,this paper analyzes the dilemma of public interest identification through normative analysis,comparative analysis and historical analysis,and puts forward concrete measures to construct the procedure mechanism of public interest identification.The first part of the article briefly analyzes and clarifies the basic theoretical problem of public interest identification in the collective land expropriation,including the interpretation of the definition and the related concepts.The second part focuses on the practical difficulties in the identification of public interest.The third part makes a detailed analysis of the procedural mechanism of public interest identification in the collection of collective land.The fourth part analyzes the identification procedure of the United States,France and Japan and the reference significance of the public interest identification procedure.The fifth part analyzes the advantages and disadvantages of the legislative,administrative and judicial examination,the examination form of the administrative organ expropriation decision,the substance of the administrative organs and the construction of the judicial organs after the expropriation decision,which constitute the procedure mechanism of public interest in the collective land expropriation.In order to achieve the ultimate purpose of preventing and reducing the collective land expropriation disputes.