Research On Takings With Economic Methods And Its Apocalypse To China

With the increasing needs of economic development and the acceleration of the urbanization process, the demands for land in China are growing and the problems caused by government takings are becoming more and more. How to improve China's land expropriation system draws increasing attention, thus the research on government takings is of great significance both theoretically and practically.The essence of the takings determines that analyzing only from the legal or economic aspect is flawed. After several decades of development, the U.S. scholars have made a lot of progress in the law and economics research on government takings. This paper systematically studies the representative literature of American research on takings with economic methods since 1960s. Many conclusions are of referential significance for us to improve Chinese land expropriation system.This paper primarily summarizes from the following aspects: the justification for eminent domain, applicable premise, the relationship between takings and investment and the regulatory takings, among which the relationship between takings and investment and the regulatory takings are expounded systematically. The relationship between takings and investment determines the efficiency of the land takings. That is, the principles and the standard of takings compensation have different stimulating effects on expropriators and landonwers. The optimal takings decision should maximize the land value in use.If the regulation of the property rights is so strict that the value of the property is substantially reduced, the regulatory takings is occured. The regulatory takings is the expanded meaning of takings. How to confirm that the regulation has the takings effects is the key issue of research and legal practice. The basic conclusion of the existing literature is actually that the regulatory takings ensures the best borderline of the governmental control. The regulatory takings is also widespread in China, but there are no relevant specific definitions, so it is imperative to create a system of restraint. The innovations of this paper are as follows: Firstly, it systematically summarizes the research progress of research on takings with economic methods, especially the relationship between takings and investment and the regulatory takings which are less studied in domestic academe. Secondly, combined with the Chinese reality, it reflects on how to improve our land expropriation system from the aspects of adding the landonwers' rights, confirming the premise of takings and the creation of Chinese regulatory takings system. It makes some suggestions, such as to endow farmers with a more complete ownership of land, to further relax government control of land and establish the hearing system of controlled expropriation, etc.