The Research of Public Interest in Land Expropriation

The definition of land expropriation should focus on whether Land property suffer substantial damages. The criteria for classification of expropriation and requisition is very unreasonable in land legislation of China. Public interest has different meaning and function in different context. As a legal principle, it is an Abstract concpt, so it is unnecessary and impossible to difine it. However, public interest of eminent domain is a specific legal concept. Legislation can make clear definition to it combined with these factors such as society, economy, traditional cultural in the background of land expropriation. Public interest is not limited to public use, the government's overall development plan is also consistent with it. Bureau of Land management should explain the legal basis and prove the legality in land expropriation, the court should make comprehensive review.