Study On Coordination Between Public Power And Private Rights In Urban Eminent Domain

Urban Eminent Domain is a hot issue particularly concerned by society at present. The conflict between the public power and private rights is the focus of the problem. With the rapid development of China Economy, the urbanization is also expedited. During the urbanization, the urban Eminent Domain becomes an important means to improve city appearance, living conditions of citizens, and construction of infrastructural and public facilities. However, the implementation of urban Eminent Domain results in many problems, and the conflict between public power and private rights is the core issue. The conflict is primarily caused from several factors including the imperfection of current laws, inappropriate executive procedures, conflict of interests, traditional concepts and so on. Some government departments drill loopholes in the law and abuse the public power of government, regardless of the immediate interests of the masses and the local actual condition. They blindly pursue the speed of economic development and urbanization, but neglect the implementation of compensation and rehousing scheme, which lead to dissatisfaction of the masses and frequent violent events. All of these factors have great impacts on the stability and the order of the society.Therefore, effective coordination between public power and private rights is an important topic for the legal and theoretical professions to explore and study currently. To effectively coordinate the relationship between public power and private rights, we must analyze the housing collection system in China, make clear of the manifestation of'public power'-'private rights'conflict and also its deep sources, and then draw lessons from the experiences of other countries, identify effective solutions to eliminate the conflicts. For this purpose, we need to accelerate the legislation process for Urban Eminent Domain, set up reasonable executive procedure, complete judicial remedy, change old concepts, and reasonably define government power, in order to coordinate the relationship between public power and private rights, prevent abuse of government power, protect rights of citizens and further accelerate the completion of housing collection system in China.