중국법상 공공이익의 확정과 관련법리 - 사유재산의 수용을 중심으로 -

According to the Constitution of the People's Republic of China(CPRC), administrative body can expropriate private property for public interest by law, and public expropriation needs compensation for the person. But, many expropriation cases for the real estate, cause serious complications between the administrative body and the private person in urban or rural. For protection of the private property from abuse of state authority, the expropriation needs a legitimacy for public interest, and it requires much efforts for valuable confirmation of public interest. For realize the public interest, they must apply the principle of proportionality of public law theory to the expropriation, and must ensure the public interest. So, in the limitation of private property, administrative body must consider unavoidable circumstance for limitation of the person's fundamental rights, and it can enforce expropriation for administrative purpose in the needed minimum boundary. Moreover, in the realization of public interest, procedural control would work on extending for person's fundamental rights in effectively. In the procedure of expropriation for private property, for the sake of the protection of private interest, the expropriation must provide person statement chance and public hearing chance. In the procedure of expropriation, public and fairness and reasonable decision­making works as a measuring standard for public interest. At last, in this thesis, a few detailed methods for confirm the concept of public interest has substantial values in application. Especially, in concern with expropriation of property right, weighing of interest in principle of proportionality and procedural control for legitimacy of public interest has very important meanings.