The Expropriation In The Perspective Of Constitutionalism

Property right is the foundation of constitutionalism,the safeguard of human rights, the core of market economy, and the basic right of human existence and development. Therefore, property right is protected by the constitution and constitutionalism. There will be no constitutionalism under the absence of effective protection of property right. In Free capitalist era, citizens have absolute right to posses and dispose their property. But, with the development of capitalist economy, absolute private property right has brought about a lot of social problems .So relative property right has been recognized by the constitution.In china, according to the traditional expropriation theory, expropriation is administrative expropriation, and think that administrative expropriation includes taxing and administrative charge. The main difference between administrative expropriation and administrative requisition lies in their consequences and extant. The plight of our traditional expropriation theory is manifest in the following aspects, the narrow scope of the expropriation, the unclear difference in standards between administrative expropriation and administrative requisition, as well as the contradiction between mandatory and obligations.The amendment of China constitution was passed on March 14th in 2004,which has strengthened the safeguarding of private property rights, and made a distinction between land requisition and land expropriation, This has push forward the development our expropriation theory. Specifically, its advancement mainly embodied in that it establishes the distinction between expropriation and requisition, extends expropriation's content, and improves the condition of expropriation. However, it should been noted that our expropriation theory also face many problems after amendment. These problems are mainly embodied in that, how to solve conflict between traditional expropriation theory and constitutional amendment; how to determine compensation standards; how to reflect expropriation due process and additional restriction on property right.In order to perfect our country's property expropriation theory, many scholars have put forth some suggestions. I think our country's property expropriation should cover the traditional expropriation theory, the theory that involves tax and administrative charge, expropriation theory in constitutional norms and the special public law obligation in citizens` property right. In constitutional amendment, for the sake of public interest, the levy on the private property belongs to the concept of the...