Dissertation > Excellent graduate degree dissertation topics show

Legal Definition of Public Interest in Land Acquisition

Author: LuHongBo
Tutor: LiuDan
School: Chongqing University
Course: Legal
Keywords: Public interest Legislative model Programming Land expropriation
CLC: D923.2
Type: Master's thesis
Year: 2011
Downloads: 128
Quote: 1
Read: Download Dissertation

Abstract

In recent years, with the accelerated process of industrialization and urbanization, massive government expropriation and requisition of land. According to the spirit of our legislation, the public interest is for the sole purpose of government land acquisition, current land expropriation relevant legal norms, however, defined the connotation of public interest is unknown, protection procedures imperfect, but also the lack of an effective judicial remedy, plus compensation for expropriation the scope, standards, methods are not uniform, thus revealing a lot of problems in practical work. Free to paste the public interest label the government during the land acquisition enabled the expropriation and requisition, even for non-public interest activities seriously infringed upon the legitimate rights and interests of citizens, triggering many petitions and mass incidents, negative impact on the social harmony and stability in the country. Legal Perspective, the public interest concept and characteristics carried a clear understanding, clarify land acquisition easy with the public interest, to confuse the similar concept, by the experience of extraterritorial public interest regulatory system of, proposed in Land Acquisition public interests of defined principles and safeguard procedures. Through this \better protect citizens' legitimate ownership of property. The full text of a total of twenty-four thousand words, in addition to the introduction is divided into four parts. The basic theory of the first part of the public interest: first a brief introduction to the concepts and features of the public interest, the uncertainty characteristics pointed out that the concept of the public interest, and thus illustrate the authoritative definition of the concept of the public interest is not realistic in the legislation, only the scope of public interests is also must be clearly defined is feasible. In practice, the relationship between the public interest and the national interest, collective and commercial interests can be described as deep-rooted, especially the difference between public and commercial interests is one of the reasons the implementation of the public interest \Discrimination of these three groups of similar concepts, and explains the reasons for land expropriation in the public interest should not include commercial interests. The second part of the analysis of China's current land expropriation in a variety of difficulties faced by the public interest: First, the government administrative power is too large, serious abuse of the public interest in the land expropriation; legislation does not make the connotation of public interest clear defined; Third, the imperfect procedural requirements defined in the public interest; land expropriation, land acquisition and the legitimate rights and interests have been infringed upon judicial relief is inadequate. The third part is a brief introduction of the extra-territorial legislative model of public interest and regulatory procedures, and learn from the experience we can follow. The fourth part of the public interest as defined in our land expropriation system design: The first is to determine the principles defined in the public interest, setting a guiding rules or standards for the realization of the public interest, including the principle of legal reservation, the principle of due process, the principle of proportionality, as well as The reliance interest protection principles. Broad Form and enumerative combination of legislative model should be used by express enumeration and explicitly exclude the combination of clearly defined from the scope of the pros and cons of the face of the public interest. Procedure, first, the establishment of a public interest purposes identified program, the identification program in the public interest will be levied to regulate the government's discretion, to circumvent government abuse of power in the land acquisition; as levied program, let the land the expropriation decision have the right to know, the right to participate in decision-making; Third, is to improve the hearing process, provides for the parties to express their views and the opportunity to defend their own interests, and make the executive a fair and reasonable decision. Unimpeded channels for judicial relief, reasonable allocation of executive and judicial powers, strengthen judicial supervision and restriction of administrative discretion, to expand the scope of the case of the administrative proceedings, will be levied decision included in the scope of administrative litigation.

Legal Definition of Public Interest in Land Acquisition

Abstract

Related Dissertations