Study On The Identification Procedure Of Public Interest In Land Expropriation

2011 January 21, "state-owned land on the housing levy and Compensation Ordinance (hereinafter referred to as the" Compensation Ordinance ") formally implemented, the regulations of land expropriation compensation procedure and judicial imposition program have an extremely important influence on the expropriation and compensation of our country. Land expropriation is the Chinese government in the administrative behavior is one of the common, but the need of public interest "as a reason for collection of an administrative organ occupies the majority, and" public interest "but also the public power to private rights of erosion is the most important and the most legitimate reasons. Therefore, it is urgent to construct China’s land expropriation public interest review mechanism.Remove the concept of public interest to define the subject of public interest and the identification mechanism seems to be more effective protection of the interests of the people. This paper discusses the definition of public interests in the dilemma, the three countries, the United States, Germany and Japan’s review of the main and procedures for the determination of and so on. Analysis at the present stage in our country has gained experience and can be the experience, discusses our country to set up land levy in public interest review hearing procedure, decision program, supervision procedure and unconstitutional censorship, and strive to put forward the proposal is feasible.