On Public Interest and Public Use

The judgment upon Public Interest in the administrative taking clause has long been a conundrum to academies and juridical bodies.It is the blurry definition of the concept Public Interest that leads to the deviation of many administrative taking behaviors.In many laws of our country,Public Interest,analyzed from the purpose of legislation,has obvious authorization to the public power and tendency to the restriction of private right;moreover,it is undertaking a tendency more and more of being abused.We could grasp the different connotations of Public Interest and Public Use by studying the juridical principles and cases on these two of Great Britain and the United States and find out that the criteria for judgment of Public Interest is based upon the by Case Principle.It could help us out of the falsehood of judgment of Public Interest;meanwhile,it also provides us with profitable inspiration to grasp the true meaning of Public Interest.