Expropriation Compensation System For A Comparative Study

According to a compare in expropriation and compensation with China,U.S.A, German and Japan, the advantage in foreign expropriation andcompensation law and the shortage in our concerned laws are found. Thus,there is much reference for perfect our expropriation and compensation.Firstly is to define expropriation and compensation. (1) From the worldhistory, the meanings of expropriation have been changed many times. Fromthe old expropriation for public use to the new expropriation for publicinterest, from the pure expropriation of property rights to the inversecondemnation with an expropriation effect, the defining of expropriationwill have effect on the types of compensation. (2) It is a difficult andimportant problem in the study on expropriation and compensation in theworld to distinguish the expropriation and the limit of property rights.Because the expropriation needs to compensate and the limit of propertyneeds not, the confusion of them will make against the compensation effect.Of course, this is affected by the expansion of the meanings ofexpropriation. (3)The relation of expropriation and compensation is, inthe modern theory of rule of law, no compensation no expropriation. Thisis to say, the compensation is one of component legal factors ofexpropriation and the expropriation without compensation will be invalid.(4) The difference of expropriable compensation and administrativecompensation is, although expropriable compensation is the main contentof administrative compensation, there is much non-expropriablecompensation, such as compensation for personal rights, equitycompensation. With the improvement of human right in the nation, thenon-expropriable compensation will extend.Secondly is to disclose the theory foundation of expropriation andcompensation. When the age of state by the king is passed, expropriationis faced with a legal crisis. How to make the people approve the stateexpropriation is a crux. In the society ruled of law, state can legallydeprive of property of citizens only resort to public interest. So, theonly purpose of expropriation is public interest and the principle of nopublic interest no expropriation comes to being. With the principle ofexpropriation changed, the theory foundation of compensation also changed.In the age of compulsive expropriation, compensation as an institutedoesn't exist. The compensation received by the people is from the pityand benefit of the king. But when the expropriation is to improve thepublic welfare, the sacrifice of a single person for the public interestof the whole person must be remedied by the whole person, or else, thiswill be an unfair for those victims. Such is the theory foundation of themodern compensation.Thirdly is to compare the condition and process of expropriation andcompensation. On the expropriation, there are five compare about five, #127aspects, such as the expropriation purpose, the owner of eminent domain,the expropriation object, the expropriation mode and the expropriationprocess. On the compensation, there are five compares about five aspects,such as the compensation principle, the compensation obligor, thecompensation scope, the compensation mode and the compensation standard.In the course of detailed comparison, (1)A concrete and dutifuldescription of the foreign expropriation and compensation law;(2) Adescription of our expropriation and compensation on the base ofcollecting and clearing up all statutes and regulations as possible ascan;(3) A compare with U.S.A, German and Japan and an identity ofadvantage and shortage of every nation;(4) Comparing with our actualinstitutes and analyzing the feasibility and possibility of transplantingforeign institutes. At the same time, according to a underdevelopment inour administrative remedy process, there is a added compare of remedy foradministrative dispute in the expropriation and compensation with U.S.A,German, Japan and China as so as to prefect our remedy mode ofexpropriation and compensation.Finally is to give much advices of perfecting our relative institutesabout eleven aspects such as the such as the expropriation purpose, theowner of eminent domain, the expropriation object, the expropriation mode,the expropriation process, the compensation principle, the compensationobligor, the compensation scope, the compensation mode, the compensationstandard and the remedy process. This is a practical value of this paper.