On Administrative Requisition

Our eminent domain is an administrative act which can deprive citizens, legal persons and other organizations of property rights or labor in compulsive ways.The fourth amended of China Constitution has consummated the institution of property eminent domain. Eminent domain relates to government's power and citizen's right, confiscation and compensation, public profits and private benefits .So it is not merely a certain administrative action by the government, but also shows the principle of the constitution.Fully understanding the conception and the characteristic of eminent domain is the basis to establish the legal system. We can see the contain of the legal system: for the public profits; fair legal procedure; proper compensation in advance; sufficient legal basis. Our country's eminent domain system isn't perfect and sound. The protection of private property rights can be embodied by several guarantee mechanisms like purpose procedure and compensation.Some defects exist in the system of land eminent domain in China such as the abuse of eminent domain ,relaxed and undemocratic procedure, narrow limits of compensation, too low standards, etc. The omission of legal principle and necessitous regulation leads to the confusion in practice. In the course of land eminent domain ,the protection of the property right of the citizens should be maintained in the legislative, administrative and judicial practice. The author tries to give some suggestions to perfect the legal system. For example, establish a sound legal system of eminent domain; perfect the procedure of eminent domain; perfect the legal system of compensation; restrain the procedure of eminent domain power through legislation to protect the public profits; and so on. To achieve the balance between public profits and personal right, it is time to prefect eminent domain systems involving qualifications, procedure, compensation and so on through legislation so that the eminent domain can be standardized and restricted individual's right be respected and embodied. Inorder to conciliate public profit and private profit, we should perfect administrative procedure, giving full consideration to these two kinds of pro fits, especially in the phase of administrative legislation ? It will have a far-reaching effect on the construction of market economy and rule-of-law in the era of China's social transformation.