Study On Special Legislation Of Property Expropriation

Property expropriation is an act which can deprive the property rights of obligee on the basis of the purpose of public interests and offer the fair compensation beforehand according to the condition and process of laws. its core is that the property rights of obligee is directly deprived, therefore expropriation office need to keep cautious attitude, the run that power of property expropriation need to legal regulation. Because there are many deficiencies in the current legislation of property expropriation system in our country, the deficiencies cause lots of illegal activity that violates the property rights of obligee, so in order to standardize the behavior of expropriation and protect the property rights of obligee, we must to strengthen the legal system of property expropriation.From the angle of special legislation of property expropriation, the paper analyzes the basic theoretical issues of property expropriation, for example the theory tracing, the implication, the characteristic, the legitimacy as well as the difference between property expropriation and the related concepts, thus have a systemic understanding to the property expropriation; the paper discusses the deficiencies in our current legislation of property expropriation system, and points out the attention of key point in future legislation; the paper compares the public interest, expropriation process, expropriation compensation, expropriation relief stipulation in the extraterritorial legislation of property expropriation system thoroughly, and draws the comparison conclusion as well as the significance of reference to our legislation; the paper indicates that special legislation of property expropriation require to use the mode of central legislation and carry out the principle of proportion along with the power authority restriction in our country; finally, on the foundation of unifying our country's actual situation, and referring the mature experience of extraterritorial legislation, the article constructs the particular content of special legislation of property expropriation, including the provision of expropriation body, expropriation object, public interest, expropriation process ,expropriation compensation, expropriation relief stipulation as well as the legal liability provision, this part is not only the research key, but also the innovational spot of the paper.Through researching the correlative content of special legislation of property expropriation systemically, the paper in order to provide the referenced theory for the perfect of property expropriation legal system and provide the referenced content for the future special legislation of property expropriation in our country.