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The Chief Acquisition System

Posted on:2006-12-27Degree:MasterType:Thesis
Country:ChinaCandidate:Y LuoFull Text:PDF
GTID:2206360155959129Subject:Law
Abstract/Summary:PDF Full Text Request
From the appearing of private property in human's history, the protection and restriction for property right exist at the same time. In the modern society of rule of law, the property right is the sacred and inviolable right. However the duty inherent in the property right decides that the property right is not absolute and it is to be deprived of by the law for the public blessedness. We study the concept, purpose, compensation and procedure of expropriation, which will direct the theory, legislation, practice and system framework of expropriation in our state.The article is divided into four parts:Part Ⅰ : The concept of expropriationIn China, expropriation as a concept has been recognized for many time. But there are different views to the meaning of it. In overseas, expropriation has different names and forms. The article put out the difference between expropriation and the interrelated.Part Ⅱ: The purpose of expropriationExpropriation means that the property right is to be deprived of by the law for the public interest. But the public interest is an undefined concept. So it is to be on guard that someone decides the meaning of public interest as his pleases.Part Ⅲ: The compensation of expropriationThis part studies the nature, theory and principle of the compensation of expropriation. And put out that we should do the compensation flexible and improve the procedure of the compensation, especially the form of the compensation of expropriation.Part Ⅳ: The procedure of expropriationCarrying out expropriation need follow the procedure, which means special steps and forms. Basing the related of China, Japan, Singapore and Germany, this part put out that improving the procedure of announcement, survey, supervising and so on is profitable.
Keywords/Search Tags:Acquisition
PDF Full Text Request
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