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CN 51-1675/C

YANG Dong-sheng. The Scope of 'Public Interests' Entity—On the Eighth Provision of Regulations on Expropriation and Compensation for Houses on State-owned Land[J]. Journal of Xihua University (Philosophy & Social Sciences) , 2011, 30(6): 97-101. DOI: 10.19642/j.issn.1672-8505.2011.06.021
Citation: YANG Dong-sheng. The Scope of 'Public Interests' Entity—On the Eighth Provision of Regulations on Expropriation and Compensation for Houses on State-owned Land[J]. Journal of Xihua University (Philosophy & Social Sciences) , 2011, 30(6): 97-101. DOI: 10.19642/j.issn.1672-8505.2011.06.021

The Scope of 'Public Interests' Entity—On the Eighth Provision of Regulations on Expropriation and Compensation for Houses on State-owned Land

  • The eighth provision of Regulations on Expropriation and Compensation for Houses on State-owned Land interprets the scope of public interests entity, which is the first time in the Administrative Law.Compared with legislative modes in other countries or regions, the interpretation is improper and inadequate in the following aspects: 1) enumerated type is over-generalized, while cases lack details; 2) some connotation or denotation is beyond the scope of public interests, especially the inclusion of 'the construction of indemnificatory housing project for low-income urban residents' and 'the alteration of old and dilapidated buildings'; 3) the legislative spirit of 'primacy of common interest' is not in accordance with the principle of equal protection to private and public interests in the Property Law; 4) the principle of proportionality is not applied to the exercise of administrative right and the protection of private right; 5) the right to interpret public interests expands to 'administrative laws and regulations' in the recapitulation, which is against the legislative law.
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