Research On Requisition For The Pubic Interests

In order to meet the demands of public interests, it is allowed to requisition non-state assets owned by entities and individuals or other realties according to the statutory power limit and procedures,after making fair compensation.Requisition for the public interests is a legal method of government to get non-state assets,and it's a restriction to civil rights, Therefore we need to perfect the system of requisition for the pubic interests to protect civil rights. House demolition and resettlement in urban areas, generated a lot of contradictions and disputes.It is not only an inevasible problem but also a very intractable assignment.Nowadays,the laws about house demolition and resettlement in urban areas have many defects.The research of this paper is based on the rule of Constitution,and take house demolition and resettlement in urban areas as a example,to perfect the system of Requisition for the Pubic Interests. This paper is consist of three chapters.Chapter 1 is a summarization of requisition for the public interests, which includes the definition of requisition for the public interests and its basic characteristics on the basis of the analysis and the comparison of requisition for the public interests with some other relative contracts.Chapter 2 is consist of four sections.The purpose of this chapter is to make requisition for the public interests within a legal framework and along a regulatory line.It includes research on"Public Interests",on Compensation System, the Principle of Proportionality in the Requisition for the Public Interests and Requisition Procedures.Section 1 is a research of"Public Interests".It is the purpose of requisition,but there is no specific definition about it.First, this section discusses basic principles which studying"Pubic Interests"should abide by.Second,this section discusses how to define the"Pubic Interests".The author ariticle there are two ways to define the"Pubic Interests",and we also should discuss Pubic Interests in specific situation.Section 2 is on the Compensation System.After making compensation,the government can exercise power to requisition. Taking the compensation systems in America,French and Germany as objects of comparative study,some theoretical questions were researched in compensation. Made a conclusion of how to perfect Compensation System of our countries.In our country ,we should use"due compensation"principle,according"fair market value"to account the compensation.Section 3 is on how use The Principle of Proportionality in the requisition for the public interests.First,the purpose of requisition should be legal,and we can use the power of requisition after there is no other way can resolve the problems. Section 4 is to make procedures to limit statutory power.Due procedures can rule the government power,and protect the right of the people.Chapter 3 is consist of two sections.The purpose of this chapter is to reduce the loopholes in the law. Section 1 is a summarization of the definitions of some law terms and their basic characteristics.Section 2 is to resolve the loopholes in the law about house demolition and resettlement in urban areas.