On The Determination Of The Public Interest In The Land Expropriation In China

With the accelerating pace of urbanization in our country,the non-agriculturalization of the land is gradually increasing.Land expropriation has also become one of the risks that affect the social stability in urban development.Land acquisition policy will be universally implemented and involves a wide range of issues,related to the vital interests of land-expropriated farmers and improper handling of the problem can easily lead to disputes.In reality,there have indeed been some influential incidents in China which concerns public interest,such as “Chongqing's Most Tough Nail Household Incident” and “Jiahe's demolition implication policies.” The procedures of land expropriation in Taiwan of our country and the United States,France,Japan and other countries are relatively complete,and there are many places worth our further study.However,the system has its own specific background,so we must further regulate the public interest from the theoretical and institutional aspects,figuring out the actual problem which followed land expropriation with the goal of achieving "public interest".With the premise of the realization of the public interest,we will limit the arbitrary government discretion,strictly implement the Three Basic Principles of Due Process Principle,Fair Compensation Principle and Rights and Interests Proportion Principle and fully protect the land-acquired personnel's right to know,right of participation,as well as use judicial supervision as the last barrier to the realization of public interests and power relief.The article consists of five parts.The first part is "the basic theory of public interest in the system of land acquisition in our country".As the beginning of the article,this part analyzes the complexity of from the jurisprudence level,and then discusses the similar and different parts between the public interests and the related interests,clearly showing its particularity.The second part is "the value of the public interest in land expropriation system," which mainly expresses the value of the public interest in the land expropriation system.The third part is "an empirical study on the identification of public interest in the system of land acquisition in China." First of all,this part introduces and analyzes some cases concerning the public interest affirmation in Zhejiang Province.Then,according to the analysis,this part sums up the problems existing in the confirmation ofpublic interest in the land expropriation system in our country.The fourth part is about the existing problems summarized in the third part.From the three aspects of the judgment standard,the principle of realization,the definition of entity and the procedure guarantee of the public interest in the system of land expropriation in our country,we put forward the perfect and practical suggestions with Chinese characteristics.The fifth part is the summary of the whole article.