Theory And Practice, Our Administrative Expropriation

Administrative expropriation exists in countries worldwide, it is a administrative right of government to realize its admi nistrative function. In modern society, administrative expropr iation right is expanding with administrative right, it become s a kind of easy abused right, therefore, it must be restricte d by a certain principle and regulation. There are systematic regulations stipulated in so many laws and regulations in our country, especially in the forth amended constitution of 2004 which clearly defined expropriation compensation to land and p rivate property, it is the first time in our country to restri ct the administrative expropriation in the constitutional leve 1; it is as a landmark in our country' s administrative exprop riation legislation, provided a constitutional foundation for our legal control of administrative expropriation.In the view of our country's situation, the definition to administrative expropriation is still far from consummate in o ur single law, it mainly represent as too wide of the administ rative expropriation scope, too low of compensation criterion and incomplete procedure, which need further control in 3 aspe cts-legislation control, procedure control and supervising sys tem, to lessen the infringement of the property rights of citi zens. The legislation here referred to include not only the la ws and local laws stipulated by legislative institution, but a lso the administrative regulations stipulated by administrativ e institution. Restrict the subject by legislation, clarify pu blic interest criterion, and ensure enough compensation to inf ringement of the property rights of citizens, which is premise and criterion for controlling administrative expropriation ri ght. With the substantial legal procedure, such as notify, exp lain, to control the exercising process of administrative expr opriation right. With a set of supervising system for administ...