“缺乏公共利益的征用是违反宪法的;即使给付补偿,也不能被视为符合宪法。”世界各国的宪法或其他的宪法性文件几乎都将公共利益的需要作为国家行使征用权的必要前提。然而,究竟何为公共利益?似乎并没有一个明确的判定标准。依台湾学者陈新民的观点,公共利益的 “The lack of public interest in the expropriation is unconstitutional; even if compensation is paid, it can not be regarded as conforming to the constitution.” Constitutional and other constitutional documents in almost every country in the world almost always take the need of public interest as a necessity for exercising the right of expropriation premise. However, what is the public interest? There does not seem to be a definite standard of judgment. According to Taiwan scholar Chen Xinmin’s point of view, the public interest