The Contradiction And Coordination Between Public Power And Private Rights In The Urban Eminent Domain

The relationship between public power and private rights is a problem that is universally noticed by society in the recent years. And the problem of urban Eminent Domain is the focus. Eminent Domain or condemnation means the government gives the house owner or user proper compensate or provides a room for to move for national construction, urban renewal, rectifying the city's appearance and environmental protection, etc. With the rapid development of economy, the urbanization has made great improvement since the reform and opening-up policy was adopted by China twenty years ago. During the urbanization, the urban house breaking and removing plays an important role, which betters the city's appearance and improves people's living conditions. Yet, it also arouses a lot of problems during this process. But due to the imperfection of available laws and regulations regulating urban house removal, large-scale urban house removal is now in a kind of chaotic condition. A lot of illegal removal cases occur incessantly, which does serious harm to legitimate benefits of the house owners, and results in frequent occurrence of disputes related to urban house removal. Thus, it seriously affects the social stability.Eminent Domain is a sensitive and general social problem, which concerns on people's vital interests and implementation of the urban planning. Eminent Domain is a behavior that is mixed with legal administrative and civil laws. Therefore, we must divide the two different nature of Eminent Domain in such a strong-administration interfered behavior, and restrict public rights while protect the private rights. We should base on the relevant legal provisions about Eminent Domain and find the defects in them in order to provide sound legislative proposals and provide countermeasures to the issues arising from the Eminent Domain practice. It is necessary to deeply analyze the problem of Eminent Domain, so we can find the origin of the contradiction, and put forward the methods to solve the problem. What's more, based on the above-mentioned, we also can improve the existing Eminent Domain system and better analyze the present relationship between public power and private rights in China.