On The Balance Of Interests In Land Expropriation System

Along with China's current rapid process of urbanization and industrialization, the demands for non-agricultural land also are surging. As the only means our collective land enters into the land market, land expropriation has been the focus of attention of our society. Because of land expropriation, a large number of peasants lost their land and jobs, resulting in a decline in their living standards and other influences. Peasants have the feelings of confrontation because of land expropriation, which brings about a lot of conflicts, and it also has threatened the social stability and harmony of our country. Therefore, it is urgent to reform the existing land expropriation system and intensify the landless peasants' interests to balance the public interest and private interest.This paper exceeds the traditional way of thinking which is from systems to countermeasures. It begins from the definition of public interest, intend to know the relations between public interest and private interest, as the basis for analysis of public interest connotation and denotation. We want to innovate the legitimate source of land expropriation, using the both opposition and unified framework of public interest and private interest for supporting the systems.The second part of this paper returns to the performances and the reasons of conflicts of land expropriation's practice, and explores the principles of interests-balance. Then the paper analyses and studies the experiences of other countries and regions in the practices of land expropriation. Whether" the right of choices of purchasing or saling" system and "fully compensation" system of the United States, " discussing the price for purchasing" system and "the principle of measuring the interests " system in Germany, the parallel administrative and judicial procedures in France, as well as the "premium" reporting system in Taiwan, etc., reflect the wisdoms of the human exploration of interests-balance. We should analyze and learn from them.The third part of this paper is based on the facts of our country, and analyzes the problems in land expropriation, by studying the history of land expropriation practice in China. And we want to construct the interests-balance mechanisms in land expropriation in our country to ease the current tense situation of conflicts between public interest and private interest, and establish a harmonious society of our country.