What is Public Interest?
Referring to the Regulations on the Expropriation and Compensation of Houses on State-owned Land, it can be seen that the "public interest" stipulated by the law mainly refers to the following six aspects:
a) national defense and diplomatic needs;
National defense and foreign affairs are both major matters, and the construction of related military facilities and land for the construction of foreign embassies and consulates are all in the realm of public interest.
2) The needs of energy, transportation, water conservancy and other infrastructure construction organized and implemented by the first organization;
For example, the construction of hydropower stations, roads, railways, reservoirs, and so on belong to this category of needs.
3) The needs of public undertakings such as science and technology, education, culture, health, sports, environmental and resource protection, disaster prevention and mitigation, cultural relics protection, social welfare, and municipal public utilities organized and implemented by the first organization;
For example, building schools, hospitals, and protecting water sources expropriated houses.
4) The needs of the construction of affordable housing projects organized and implemented by **;
For example, land acquisition for the construction of affordable housing, low-rent housing, and public rental housing.
5) The need for the reconstruction of old urban areas organized and implemented by ** in accordance with the relevant provisions of the urban and rural planning law for dilapidated houses and backward infrastructure;
The transformation of shantytowns and urban villages belongs to this category.
6) Other public interest needs as provided for by laws and administrative regulations.
Other public interest needs also include: in order to implement urban planning needs, land acquisition for urban construction, even if the expropriated land is used for the construction of commercial housing, it is also within the scope of public interest.
At present, there is no special law or administrative regulation on rural housing demolition in China to make comprehensive and systematic provisions, and these legal provisions are scattered in different legal provisions, such as the Civil Code, the Land Management Law, the Regulations for the Implementation of the Land Management Law, and so on.
How can you tell if a house is being expropriated for public interest? For the purpose of public interest housing expropriation, it is necessary to have four plans and one plan as stipulated in Article 9 of the Expropriation Regulations, namely the national economic and social development plan, the overall land use plan, the urban and rural plan and the special plan. The construction of affordable housing projects and the reconstruction of old urban areas shall be included in the annual plans for national economic and social development at the city and county levels. "It is not in the public interest for the expropriation department to expropriate the house without a renovation plan, and we can focus on these aspects when safeguarding our legitimate rights and interests. In addition, the second paragraph of Article 9 of the Expropriation Regulations stipulates that the formulation of four plans and one plan shall be widely solicited from the public and scientifically demonstrated. In order to strike a balance between personal property and the public interest, the system of the Four Plans requires extensive public consultation, and this process is essential. The actual specific implementation methods generally include the issuance of a draft for comments, the issuance of public announcements, and the holding of hearings.
How do we deal with illegal expropriation and demolition called "public interest"?How can we know what the name of the demolition is, which requires the demolition party to provide supporting evidence, and if the dispute is brought to the court, the court will also review whether it is in the public interest during the trial. Will the demolition and relocation of shantytowns and old cities engage in commercial investment and construction? We first need to know about the construction project, and if we find a profitable commercial project, we can apply for a hearing.
At present, China's law does not make a clear definition of "public interest", but it is clear: public interest represents the interests of the masses, and other revenue projects are prohibited.
According to Article 243 of the Civil Code, "when the immovable property needs to be compulsorily adjusted in accordance with the provisions of the law for construction, the owner of the immovable property shall be protected as far as possible to enjoy the benefits brought by the immovable property on the premise of ensuring the construction needs." From this provision, it can be seen that in land acquisition and demolition, even if there is a public interest, the person being demolished should be protected as much as possible to enjoy the benefits of the real estate. Therefore, if we find that our legitimate interests have been violated, we can all defend our rights through negotiation, mediation or litigation.
Mattel reminds you that, in addition to the provisions of laws and regulations, land acquisition in other names, such as, investment promotion, illegal land occupation, and commercial development in order to obtain huge profits.
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