On Perfection Of Real Property Expropriation Legal System Of China

Real property expropriation is a kind of specific administrative act that state ground on public interests ,forcedly take citizen's real property right according to legal provision and provide compensation in advance .On the one hand ,government counld bring about public purpose by the way of real property expropriation ,on the other hand ,citizen has suffered real property rights losses.Therefor ,upon real property expropriation depends the implementation of national interests and public interests ,upon real property expropriation depends the security of citizen's fundamental rightsAt present, several most important laws which refer to real property expropriation such as "Real Right Law","The Law of Land Administration"have a number of deficiencies not only on expropriation qualification,expropriation process, expropriation compensation,rights relief ,but also on consistency .Consequently ,on the basis of precedent achievements related,,made an further investigation,revealed main problems of real property expropriation .and come up with several suggestions on improving real property expropriation legal system .The first part of this paper is prolegomenon, summarizing the achievement and the shortage of the former research, pointing out the purpose, significance and method of the research.The second part of this paper is historical investigation of real property expropriation legislation .In this part ,I analysed background of expropriation legislation ,development of expropriation legislation ,and point out the influence on current real property expropriation legal system .The third part of this paper mainly study on current legislation of real property expropriation in China.In this part, I analyse how to legislate the real property expropriation systematically.The forth part of this paper is analysis about mainly problems of real property expropriation in our county ,which include theoretical puzzles , problems in practice and difficulties in legislation .The end of the paper is my standpoint on how to solve those problems above or how to improve real property expropriation legal system.