Issues And Suggestions Of China's Real Estate Expropriation Legislation

Although the Property Law has been implemented for nearly three years, and the Property Law has stipulated the real estate expropriation, the current legal system of real estate expropriation still exists defects. Plus there exists dilemma in China's real estate expropriation legislation, we haven't modified and perfected the current legal system of real estate expropriation and haven't made new provision of real estate expropriation. Precisely the defects and dilemma affect the implementation of real estate expropriation, so as a subject, the current legal system of real estate expropriation legislation is illustrated and reasonable suggestions are made in this thesis. The whole article has been divided into five parts:The first chapter analyses the concept and distinction between expropriation and requisition, and proposes the concept of real estate expropriation on the basis of the similarities and differences. In addition, this chapter also introduces the general situation of real estate expropriation legislation before and after the founding of PRC. Experienced a process from immature to gradually mature, the legislative idea becomes clear.The second chapter illustrates the dilemma in China's real estate expropriation legislation, mainly including unclear legislation value orientation, difficulties of coordinating and integrating administrative departments in real estate expropriation, difficulties of balancing the interests of all parties involved in real estate expropriation and many legal disputes involved in real estate expropriation.The third chapter analyses the defects existed in the current legal system of real estate expropriation. Some current rules and regulations still not distinguish expropriation and requisition. The current legal provisions fail to define public interests. The real estate expropriation procedures exist serious defects. There exists lack of the judicial remedies to real estate expropriation. Serious problems exist in the practice of real estate expropriation legislation. And the "different prices against the same land" phenomenon leads to lack of security of farmers' rights and interests. The fourth chapter illustrates the advanced practice of real estate expropriation legislation from foreign countries. The thesis focuses on France, America and Japan, and proposes good experience for China's real estate expropriation legislation.From the aspect of clearing the legislation value orientation of real estate expropriation, choosing the best real estate expropriation legislative system, defining some basic problems in real estate expropriation, regulating perfect real estate expropriation procedure, strictly restricting departmental and local legislation and modifying the relevant provisions of Urban-Rural Planning Law, the fifth chapter puts forward some suggestions in order to establish and perfect the legal system of real estate expropriation by reasonably learning from foreign advanced experience in legislation and combining the actual situation on the basis of the analysis of dilemma and defects.