Studies On Condemnation System In China

Under the current land system, there are two kinds of condemnation in China: condemnation of the rural collective ownership and condemnation of the right to use urban land. Both of them have many defects.Taking the condemnation systems in America, Japan and Germany as objects of comparative study, some theoretical questions were researched in terms of purpose, compensation and procedure: 1) Three criteria to classify projects and two rules to judge public purpose are abstracted from the purpose limitation in condemnation law in America and Japan; 2) The rules to judge regulatory takings in America and Germany are analyzed; 3) Expand the multifactor utilitarian economic analyzing framework presented by Frank Michelman, decompose the demoralization costs to three items: injustice cost, inefficiency cost and social tension cost, then use the expanded framework to analyze the taking decision of government and optimum principles of compensation; 4) Compensation standards in foreign countries are analyzed in terms of classification of the values and costs involved in takings, the social optimum compensation standard is put forward. 5) The procedures of condemnation and approaches to judicial relief in America and Japan are discussed; some necessary factors for an excellent procedure are summed up.The current condemnation system in China is researched on the basis of the theoretical results. Other systems affecting the decision of government and the proceeding reform are also analyzed. Reform in the future should focus on the following points: 1) Make uniform condemnation law; 2) Use the two rules put forward by this dissertation to judge whether a project has a public purpose; 3) Use"one theory, two rules, three factors"to judge regulatory takings; 4) Adjust the compensation standard, take just compensation principle and compensate all the object values and part of subject values of the condemnee. 5) Set purchase by agreement as preceding procedure of condemnation. Add purpose check procedure and reform area, compensation check procedure. Ensure condemnee's right to know and right to participate. Give them enough and cheap approach to get judicial relief. 6) Open primary land market and treat two kinds of land ownership equally. Allow the transfer of the right to use collective land for construction which accord with planning. 7) Reduce the revenue of local government from the actions of condemnation. Take opinions from local people as a major examination index for officials. Enhance the independence of courts that deal with condemnation cases.