Research On Expropriation And Compensation Institution

The Expropriation tor public interest refers to the acts that forced by govemment to gain the property or other rights fiom the others by paying some compensation cost by according to law procedure. The theoretical foundation of Expropriation is the restriction to property, and then the Compensation supplies the justification to such restrictiveness. Thus Expropriation and Compensation forms a nature relationship which appears to be so indispensable tor each other. This research paper moves around two key words such as 'Expropriation "and "Compensation". The former seems to be the reason for the latter, the latter also supplies the legitimacy requirement for the forma. There is hot discussion about the expropriation research, but none have constructed a very harmonious system. The first section ofthe article is about to discuss the Expropriation, which adopts the "fiom general to special" writing method .The second discussion is to explain the Compensation. This section is fiom two opposite angle, one is fram the angle of Compensation offering right, and the other is fiom the angle of Compensation obligation This section adopts the way for "contradictory analysis". The third discussion revolves around the realizatim of Cosrrpensation to achieve the object to perish the contradiction between the Compensation offerig right and Copensation obligation. This section mainly makes use of "contrast" writing method. The last section of this research paper puts emphasis on the application of the traditional Expropriation and Compensation theory, which constructs a system, consists of legislation; administration and judicature to regulate our current Land Expropriation institution.