Constitutional Perspective On The Connotation Of Public Interest In Land Expropriation System

"Public interest",an extremely important concept in the field of law,is given the status of a basic value criterion in our legal system.Public interest as a legal basis in the collection system is one of the constituent elements that all countries recognize.The public interest is a very important constitutional issue.The Constitutional Amendment promulgated by China in 2004 established the "public interest" in the form of fundamental law.With the promulgation of the Constitutional Amendment,the relevant laws and regulations have also introduced the principle of "public interest." Despite this,there has been no definition of public interest at the institutional level.In recent years,with the rapid development of China’s cities,land acquisition behavior has become more frequent.Under such a background,many vicious violence incidents have occurred nationwide,such as “Hunan Jiahe Demolition Case” and “Jiangxi Yihuang Qiangfang Case”.On this basis,all sectors of the community are hoping that the Regulations on the Collection and Compensation of Houses on State-owned Lands,promulgated in January 2011,can effectively eliminate such violence.However,the introduction of the new regulations has not curbed the tragedy of land acquisition,and the contradictions caused by land acquisition still exist.This article believes that these incidents are not accidental.At the root of it,it is not difficult for us to find out the above-mentioned violent incidents.It is not only driven by economic interests,but more importantly,the imperfection of our legal system.With the continuous development and changes of China’s urban process,China’s legislative definition of the scope and content of public interest is not clear,the lack of procedural mechanisms,imperfect relief and other issues are particularly prominent.On this basis,the author believes that in the context of today’s construction of socialist harmony in China,we will further study the issue of public interest and seek a way to define and realize the public interest in line with China’s national conditions,thus solving the land acquisition.The contradiction in the middle reaches the goal of truly protecting the legitimate rights and interests of citizens.On this basis,this paper uses theoretical analysis,comparative analysis and case analysis methods.This paper is divided into four parts.Specifically: The first part outlines the public interest and analyzes it mainly from two aspects.On the one hand,it focuses on the concept of public interest.First,the necessity of defining the public interest is analyzed.Secondly,the public interest and other similar concepts are analyzed.On the other hand,it expounds the historical development of public interest in China,thus defining the public interest more clearly.The second part mainly interprets the public interest from the theoretical level,and mainly summarizes the five theories of public interest.The third part mainly explains the public interest from the institutional level.First of all,the comparative research methods are mainly adopted.The different legal systems represented by the United States and Germany are used to outline the connotation of defining public interests,and summarize theadvanced experiences that can be used for reference in China.Secondly,it analyzes the provisions of the current laws and regulations on public interest in China,as well as the main problems and causes of the definition of public interest in China,and proposes measures to improve the public interest of the system at the institutional level.The fourth part,from the perspective of land acquisition,analyzes the problems existing in the implementation of public interest by empirical analysis method,and finds the reason and finds the improvement path.