A Study On The System Of Administrative Expropriation

Administrative expropriation is the compulsory deprivation of the counterpart's property in a legal name .Its core lies in that the administrative subject can acquire the property without the consent of the property owner. Thus the administrative expropriation is related to the state's executive power and the counterpart's property right, public interests and private interests , and the state and the society The thought of emphasizing both the protection and the restriction of property right is embodied deeply and clearly in the system. In the modern time, with the increasingly enriching of the content of citizens' property right and the greatly advancing of the democratic legality, when we restrict the property right, how to protect the property right to the greatest extent is a problem that involves the change of the government function, the development of the economic construction, and the stability of the social order etc. The problem can also provide practical value for the study of the system of administrative expropriation. Based on this, the thesis makes a study of the administrative expropriation system. The thesis includes the following parts: preface, the basic theory of the administrative requisition, the theoretical base of the administrative expropriation, the introduction and comparison of the administrative expropriation systems in the typical countries, the defeats of china's administrative expropriation system and the conclusion. The preface introduces the necessity of studying the system, The first part makes a research of the basic theoretical problems of the system, including the concept and the characteristics of the administrative expropriation and the difference between several related concepts, the administrative expropriation legal relationship, and the classification and principles of the administrative expropriation. The second part deals with the theoretical basis of the administrative expropriation, including the legal philosophy basis, the construction basis and the administrative law basis.