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Research on the Definition of the Public Interests in Land Expropriation

Author: ZhangYi
Tutor: FuQiLin
School: China University of Political Science
Course: Economic Law
Keywords: land expropriation public interests definition procedure substance
CLC: D922.3
Type: Master's thesis
Year: 2009
Downloads: 432
Quote: 1
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Abstract


Defining the public interests in land expropriation is not only the request of law, but the necessity of practice. China is now in an fast developing prime which is also an era in which problems arise increasingly. Land expropriation becomes the issue that we have to encounter, and in this procedure the propose of the land expropriation is getting more and more significant as the premier of the validity of the conduction.There are three chapters of this thesis besides the conclusion and the preface which is mostly about the background and meaning, approaches and propose of this research.First chapter is the analysis of the basic conception and related issues of the public interests. First part of first chapter demonstrates the current situation and the dilemma faced by the public interests with the help of primary viewpoints of the public interests which underlines the development of the following discussion. Second part is the characteristics of the public interests. Third part clarifies the differences of the public interests and other related interests.Second chapter is the real circumstances of the public interests in the law including the problems of the stipulations and the consequences of unclear definition, but also point out that defining public interests reasonably in law is definitely feasible.Third chapter concentrates on giving advices to the definition of the public interests in law. Starting with the principle of proportionality, the author set the standards of defining, and then argues that we should use the right mode which is the combination of summarizing and listing, and finally give advices on both substantive law and procedural law.

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CLC: > Political, legal > Legal > Chinese law > Land Law
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