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Land expropriation in the public interest to define the mechanism of

Author: LiShuZuo
Tutor: WangChengDong
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Land expropriation Public interest Criteria for judging Define the mechanism
CLC: D922.3
Type: Master's thesis
Year: 2009
Downloads: 392
Quote: 3
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Abstract

The land acquisition is the State to use public power to compulsorily acquire all the property of the rural collective, must be in the public interest purposes, to comply with due process, fair compensation, but whether the purpose of the public interest most directly determine the legality of the expropriation of land. The Constitution, \The scope of public interests are no specific regulations lead to a serious abuse of the practice of the Bank of China regime, the government under the guise of public interest in the name of the commercial development to the phenomenon of illegitimate interests. This is not only against the peasants' land rights, to social conflicts, and the waste of land resources, a large number of cultivated land were destroyed. And therefore must be legally established land expropriation in the public interest as defined mechanism, in order to determine whether a land acquisition and public interest purposes of compliance with the law in practice strict. This paper attempts to study the connotation of public interest, characteristics, research on the law of public interest of the judgment criteria, combined with the practice situation of China's land expropriation, land expropriation in the public interest to define the mechanism. This would think that the reality of land acquisition with the public interest of the \Define the public interest is much more than the Concept of enumeration, or induction of several criteria to complete the task to determine who is going to define the public interest and the definition of a public interest to follow what the necessary due process in order to effectively solve problem. Define the public interest in a society that contains the value of diversity and complexity of the context, it is important to design a set of organic contact defined mechanism, this mechanism can be applied in a specific case, the interest on the public purposes of the judgment \consensus, or even if unable to reach consensus on the mechanism of fair procedures can also help the public interest or not to make a break. The public interest is uncertain of the legal concept of multi-value society, its connotation is rich and changing, but the public interest in the legal form of criteria and substantive criteria. Substantive standard of public interest with a clear legitimacy, public benefit and may be reasonably necessary, the form of standard refers to the public interest, public participation and power restriction of. Follow from the general to the specific interpretation of logic, specific land acquisition practice, based on public interest legal criteria, the definition of public interest in mechanism design for land expropriation. First, foreign legislative experience combined with China's specific national conditions, select the summarized list exclude increases to make the content as defined in the public interest; require land acquisition and the establishment of the cause to make the public benefit and sustainable development, public welfare for necessary and impose a \land rights and interests of the public welfare to express an opinion on the expression of the judiciary to decide disputes on land expropriation public purpose as defined in the public interest to make the main body; to provide land levy a public service of the confirmation process, that is, land acquisition for public welfare after investigation, notice, hearing and approval procedures; require land acquisition public welfare relief program, stakeholders satisfied with the public interest discretion, may seek reconsideration, litigation relief. Fifth, the regulations define the public interest in the land acquisition, but also to adhere to adhere to the principle of strict interpretation and protection of arable land. Research ideas in this article is: First, the analysis of the public interest in terms of land acquisition, identify the provisions applicable in the explanation of generalization, the lack of identified problems. Second, the public interest is what the public interest should be included in the legal criteria. Then reflected by the combination of land acquisition public interest in the practice to define the problem, design a set that contains the content defined criteria for defining the main defined procedures defining the principle of land as defined collection of public interest as defined mechanism.

Land expropriation in the public interest to define the mechanism of

Abstract

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