Reconsideration Of Administrative Expropriation System In China

The tenth session of National People's Congress the second conference considered the constitutional amendment which was passed in march 14, 2004 to announce the execution, it related taking over for use the system according to our country actual situation to the constitution the correlation stipulation to carry on the important revision. This revision certainly to the correlation domain theory and the practice has significant and the profound influence. The significance of establishment in our country levies and taking over for use system is: from the theory angle, favor the relations of the correct processing private property protection and the public interest need; in the realistic stratification plane, facilitates the restriction state power, protects the citizen individual right, the standard existing chaos. Presently our country levies and taking over for use system summarized exist following questions: the concept of the public interest, levies, taking over for use and so on are chaotic and unclear; the science levies and taking over for use procedure are absent; lacking the consummation and compensation system. In view of this situation, it is necessary to carry on the conformity and reconstruction to the correlation concept, determines the public interest and the scientific connotation, constructs the theory frame of the construction levies and taking over for use. The system's construction and consummation are important. Firstly we must consider certainly scientific levies and taking over for use procedure; Simultaneously pay attention to the public welfare to levies and taking over for use compensation question.