Study On Expropriation System

Public expropriation is an administrative act which can deprive citizens, legal persons and other organizations of property rights on the basis of the purpose of public interests and offer the fair reimbursement according to the laws and regulations. Its core is that the property rights of administrative counterpart is deprived, which must produce the conflict to the protection of the private proprietary. The problem which the public expropriation system must solve is how to carry on the protection to the administrative counterpart and restrain state power. This thesis expound from five respects against a background of the relation of state power and civil rights,with the protection to the administrative counterpart as the center. First, the basic theorise, including the connotation, characteristic, theoretical foundation and basic principle. Second, public object, which means public expropriation must meet the requirements of public interest. Third, legal procedure, which means public expropriation must be conducted in accordance with proper proceedings. Fourth, fair reimbursement, which means there must be reimbursement in advance which is the most direct protection to the rights and interests of the administrative counterpart. Fifth, the land expropriation in the process of urbanization, which includes the analysis to the reasons and some explorations on the ways to limit land expropriation power and protect peasants'legitimate rights, eg. distinguishing the property rights of collective land, opening the market of collective land, raising reimbursement standard, increasing opening and transparency of land expropriation.