The Civil Law Protection Of The Property Right For The Original Owner In Eminent Domain

Eminent Domain or expropriation refers to the fact that the government compensates the original owner or user or provides a room for them for the purpose of national construction, urban renewal, environmental protection, etc. With the acceleration of urban construction and citification of country, it is inevitable that there exist contradictions and conflicts in booming expropriations. Eminent Domain or expropriation is closely related to several legal fields, such as constitution, administrative law, civil law, procedural law, etc. However, civil law takes right protection of the civil subject as its aim and the centre. So it's better for the house owner to select civil law to protect their rights. Besides the lead-in, this article has the following five parts:Part one introduces the expropriation affair happened in Heze, Shandong in which the expropriators and the expropriated can't reach an agreement on core matters concerning the purpose of expropriation, compensation criteria and procedures.Part two analyzes the problems reflected in the case. The following conclusions can be drawn from the case above that it's hard to define the public welfare; there is no compensation for the land-use right; the compensation is inadequate; evaluation agencies are short of independence and their activities are liable to be interfered.Part three discusses the current situation and nature of the eminent expropriation. It's popular and complex in china and there are many aspects needing to be improved regarding the laws and regulations of expropriation.Part four analyses the categories of the property rights of the expropriated in the process of city expropriation. The property rights based on the house include the house ownership, and the rights based on the land include the land-use right and mortgage right. Other property rights include the ownership of the life necessities and credit.Part five puts forwards some ways to protect the property rights of the expropriated from the perspective of civil law. An eminent domain law should be established or the state council is entitled the right to pass regulations. The public welfare should be defined reasonably. The principle of equal and adequate protection should be established. Argumentation and hearing should be put into practice to ensure the scientific and orderly expropriation.