A Research On The Regulatory Takings System Of U.S.

Indirect expropriation is the hot issue of international investment law today, but it is not a specific term in international investment law. As early as the early twentieth century, the definition of expropriation in Germany and America had already expanded from deprivation of property to over-limitation of property, which is just the origin of indirect expropriation. In fact, the standard to judge indirect expropriation mostly derived from judicial practice of relevant countries. Over-limitation of property which needs compensation is called "regulatory takings" in America. The author wishes to make a research on regulatory takings system in American law, in order to help resolve the indirect expropriation dispute in international investment law, and to help perfect the expropriation system of china.This thesis consists of four chapters in addition to Preface and Conclusion.Chapter 1 introduces the basics of regulatory takings system in America. Firstly, the author retraces the development of expropriation system of other countries ; then introduces takings-related provisions in American constitution, the definition and development of regulatory takings.Chapter 2 probes into the theory of regulatory takings system in America. After a study of the exclusiveness and integrity theory of property and the development of property notion, the author points out that regulatory takings system is a remedy to property owners who suffer the special loss for public interest and a coordinated mechanism of state's regulatory powers and private property.Chapter 3 researches the judicial standard of regulatory takings in America. In judicial practice, the court in America forms some standards among which three-factor balancing test is the main one The author points out that there exist some ambiguity and uncertainty in judicial practice of regulatory takings. However, it's necessary to divide subtle border of state's regulatory power and private property.Chapter 4 discusses value of regulatory takings system of America to China. The fourth constitution amendment and private property law make great contribution to the perfection of expropriation system. However, there still exist some defects in expropriation system of China, among which a very important one is that over-limitation of property hasn't been included in expropriation system. As a result, property owners can't obtain a relief when suffering special loss for public interest. At last, the author points out that: in view of trend of world and promoting social development of China, it's necessary to establish regulatory takings system in China and gives some suggestions to the establishment of regulatory takings system in China.