论在国家征收征用过程中如何界定公共利益

How to Define the Common Good During Expropriation

国家征收征用的行为是以社会公共利益为直接目的,政府依照法定程序强制获得他人财产并支付补偿费用的行为。目前,我国法律对公共利益的概念尚无界定。为了适应社会主义法治建设的需要,我们有必要对公共利益的概念作出规定,明确公共利益的内涵,界定公共利益的外延,以对政府征收、征用行为进行科学、有效地规制。

Expropriation takes the common good as its direct purpose. It is the goverument action in taking private property for public use with compensation paid to the former owner in accordance with legal procedures. Currently, we do not have any clear definition in the legal sense about the common good. To meet the needs of socialist rule-of-law promotion, it is necessary to give a legal definition to show what the intension and the extension are, so that the government can be regulated scientifically and efficiently in carrying out the expropriation.