On Discussion Of Taking And Transfer Development Rights

Property right is one of the most important civil rights which provide the basis for our everyday activities. Hence, modern states put much emphasis on the protection of property right and devise all kinds of protective mechanisms ranging from constitutional law to civil law. However, the limits imposed on property right become more and more prominent in modem times. Condemnation is one of the limits which have been undergone constant changes. Inverse condemnation is one example of such changes. The so-called accurate collection system, is refers to, when the government or its authorization's institution exercises stemming from the public interest to the property right carries on the limit, causes the property rights person to be unable to carry on normally to the property when the use income, the property value encounter disparage, the obligee may request that the government (or some right) carries on to this property levies and pays the compensation the system.As the collection of property embodies and demonstrates the state power and civil rights of the individual relationship between the tension and conflict, it has always been theoretical and legislative attention. Collection of theoretical writings on the property are too numerous. But in the Chinese mainland scholars study the theory of property charge, it seems that only the emphasis on collection of property defined as a deprivation of property. Few people concerned about the theory of modern Fazhanqushi Zhengshou, about right degree of property rights restrictions Chaoguoyiding when Shizuo which are being Kaolv, so between the limited reduction in casual collection of Xin Lei Xing Le Cai Chan - standard charge. The author believes that targeting compensation levy and study its necessary, it can expand the scope of the national protection of property rights is also one of the hallmarks of modern civilized nations. By comparison, China's quasi-collection study, we have more a lack of research, this is our theory is a blind spot in legislation. Therefore, I selected the accurate collection system and its transfer of development rights compensation, in-depth analysis of its meaning after the system, hoping for our use, the system introduced into our country, the specific analysis of the acts of government and legal regulations constitute accurate collection, in order to compensate the rights holders. In my opinion, this attempt has a certain theoretical and practical value. Improvement of the quasi-one can impose the theory of quasi-charge to our modern scientific theory, to achieve imposed by the traditional theory of the transition to the modern theory of charge; another full protection of the government according to law the legitimate property rights and interests of citizens.In addition, the system aimed to study the process of collection, the unavoidable question is: What is the Constitution of the research, administrative and other areas of public law, private law or civil law of this domain? This is indeed a need for careful treatment issue, but also has long been troubled by the question writer. Because the quasi-charge related to national public power and the relationship between private rights, particularly in relation to the restrictions on public power issues, so it can into the constitution, administrative areas; but from the other hand, property rights belonging to civil law focus of the study area, is a very important civil rights, was tailored to limit property rights should also be part of civil law areas, and amount of compensation they should follow the principles of civil law on this point in the Civil Code has a number of well-known expression, such as " French Civil Code, "Article 545," the Italian Civil Code "section 822, our" Property Law "Article 42 imposed on private property, made a clearly defined. The author believes that these two views is correct, just a different perspective to examine the issue. This article from the civil law on property rights protection perspective modalities targeting and compensation levy study course text, inevitably involves a number of Public Law on the terminology and systems.Type in the prospective taking, the control quasi-collection is typical, but the excessive restrictions on the monuments constitute a quasi-charge control. In the accurate collection of compensation, the transfer of development rights is one of the more popular manner. Transfer of development rights by way of capacity transfer will be subject to restrictions on transfer to another part of the development of regional development. In the specific implementation of the rules, which are divided into sending base, accepting base, transfer restrictions, you can transfer the volume, it also has its own formula.