实体法层面可以通过概括性和列举式并重的方式,规定哪些情形下的房屋征收符合公益性原则。但是还应主要从程序性角度,以个案认定的方式,认定具体的房屋征收决定是否符合公共利益基础,从而使房屋征收决定中的公共利益在司法审查的框架内得到认定,满足现代法治理念的要求。 The level of substantive law can be summed up by enumeration and the same way, under which circumstances the collection of housing in line with the principle of public welfare. However, it is also necessary to determine whether the decision on housing expropriation complies with the public interest mainly from a procedural point of view and on a case-by-case basis, so that the public interest in the decisions on housing expropriation is recognized within the framework of judicial review and meets the modern concept of the rule of law Claim.