Real Property Acquisition And Expropriation Legal System Research

Real estate expropriation is a system that subjects of administration forcedly take possession of citizen's real estate according to legal procedure and provide compensation in advance by law for the public purpose. Real estate requisition is a system that subjects of administration compulsorily take right of use and provide the compensation in advance by law for the public purpose. Real estate expropriation (requisition) manifest the ideas that laws both protect and limit citizen's personal property and control government's powers, want to achieve dynamic balance not only between citizens and governments, but also between property right and administration powers in order to avoiding government's abuse of privileges to infringe on citizens ownerships. Because real estate expropriation (requisition) formed during the planned economy period, there exists many defects. They mainly contain that public interests definition is not so clear that subjects of administration abuse powers, the action of expropriation (requisition) is at will and lack of due procedure; the standard of providing compensation is very low, some of indemnity's attribution is not clear; distribution is unfair, the placement of citizen is not proper, the right and interests of citizen is proper, the rights and interests of the expropriated (requisitioned) are lack of protection at some extent. Furthermore, there exists defectiveness in the legalization of the expropriation about the house and real estate property in the emergent situation.The essays, begin with distinguishing the concept of real estate expropriation and requisition, and then analyze the situation such as public purpose, due procedure and just compensation in advance, of the real estate requisition completely. On these bases, the essays also answer the reasons about the defectiveness which exist in the current legal system about the real estate expropriation and requisition, and provide some suggestions and tactics to perfect the defective legal system at last.