In The Land Expropriation Public Utilities' Defined And Identified

Existing state-owned land can't satisfy the more and more requirement of the land, as the urbanization and public utilities'flourish in China. Based on it, to assess land from the peasantry becomes practical needs. It has been provided by the constitution that the expropriation can only be for the public utilities. For there is no certification process to public utilities and the definition is blurred, it has been abused by taking as the"amulet". And someone who levies the land from the peasantry in force to capture high profits takes the public utilities as an excuse. According to this, our country is expected to finish the modification of the Law of Land Administration. It is possible to help the local government from the problem of the"Land Finance"with the definition of the public utilities in the process of the land acquisition and the introduction of the land tenure link from the developed countries. This paper is to discuss how to define the public interest which can make it benefit to the public, instead of making it to somebody's"shield". The method to define the public interest is based on the research of the public utilities'history, references the definition and identified of the public interest in the entities and procedures during the land acquisition of the America, France and Taiwan, and the related scholars'theory and viewpoint in our country. On the entity, to formulate the orientation probably of the public utilities in the constitution in principle meets the vastest basic benefit of the people and hasn't been too typical and specific. Meanwhile, draw up the special Land Acquisition Act which regulate kinds of the situations and the define concept in the way of certainty and uncertainty. On the process, to maintain the public interest justly, openly and transparently by the notice process, hearing process, debates process, supervision process and the relief process.