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2014年最高院公布了征收拆迁十大典型案例,其中五件涉及征收补偿决定。本文由毛某某案引出法院判决对公共利益这部分的说理不足以及另外四案的正反面意义,通过列出我国现行立法对征收中公共利益的界定,探讨征收中公共利益的内涵,从比较法的角度观察其内涵的差异,反思并呼吁我国应在重视“合理补偿和正当程序”的同时构建公共利益体系。
In 2014, the Supreme People’s Court announced the collection and demolition of ten typical cases, of which five involved the decision to impose compensation. This article from the Mao Moumou case leads to the court judgment of the public interest in this part of the lack of rationale and the other four cases of the positive and negative significance of the legislation by listing our current legislation on the definition of public interest to explore the implication of the public interest in the connotation, From the angle of law, we can observe the difference of its connotation, and reflect on and urge our country to construct the public interest system while attaching importance to “reasonable compensation and due process”.