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公共利益是征收制度的核心。中华人民共和国宪法,物权法和土地管理法虽规定了强制拆迁必须具有公共利益目的,但均未对公共利益的概念和范围进行明确界定。若想对征收和征用机制进行完善,最重要的就是对其进行法律界定。一般而言,公共利益关系着公权与私权,同时它也是对公民的各种财产权利进行限制的重要理由之一。就当前的土地征收现状而言,因公共利益的内容没有得到明确,因此经常被滥用,侵害了公民的财产权利。从学理上看,公共利益能否明确定义一直是有争议的问题。
The public interest is the core of the collection system. Although the Constitution of the People’s Republic of China, the Real Right Law and the Land Administration Law stipulate that the forced relocation must have the purpose of public interest, no clear definition of the concept and scope of public interest has been made. If you want to improve the collection and expropriation mechanism, the most important thing is to define its legal. In general, the public interest is related to public and private rights, and it is also one of the important reasons for limiting the various property rights of citizens. As far as the current status of land expropriation is concerned, the contents of the public interest have not been clearly defined and are therefore frequently abused and infringed upon citizens’ property rights. From the academic point of view, the public interest can be clearly defined has been a controversial issue.