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Expropriation in the Definition of Public Interest

Author: YangXiaDong
Tutor: ChenMingTian
School: Fujian Normal University
Course: Law
Keywords: Expropriation Requisition The public interest Society Defined Legislation
CLC: D922.1
Type: Master's thesis
Year: 2010
Downloads: 84
Quote: 0
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Abstract


Clearly define the public interest, private property for the protection of citizens against the abuse of power charge is significant. Present law provides the definition of public interest not only clear, and finds that the procedures are unfair practices; through in-depth analysis of the theoretical basis of public interest and meaning, the public interest raised four features. Identified in the public interest that should be strictly differentiated from private interests, social interests, the interests of different countries in order to ensure the accurate definition of public interest. Collection of urban land and housing acquisition system has been applied to our old system of urban house demolition, the current Chinese laws and lack of uniform expropriation and requisition, the law should strengthen the legislative definition of expropriation and requisition, clear distinction between the two and scope strictly limited only to the public interest be imposed for the purpose of expropriation, and make public interest criterion. By analyzing the United States, Germany, and France found the system of public interest, combined with China’s practice of operation, the public interest as defined by perfecting a number of measures to cut line.

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CLC: > Political, legal > Legal > Chinese law > Administrative law
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