Commonweal Expropriation Compensation System

The system of requisition and expropriation compensation is a important system to protect private proper its and public advantages .In our country, the administrative law circles have already studied Administrative Indemnity System extensively and profoundly and a special law. The State Indemnity Law has also been promulgated. While with respecting to the Administrative Compensation System we have not paid sufficient attentions to it even nowadays, and there is not a unified law in this field up to now. The current Administrative Compensation System has not only been far away from meeting the reality of administrative management activity, but also conflicted with the development of the democratic legal system of our country. In this case, it has already been an important subject of administrative legal construction that how to establish and perfect the system of requisition and expropriation compensation through deeply researching into the system of requisition and expropriation compensation theory. By analyzing the fundament a theories of The system of requisition and expropriation compensation and referring to the institutions in France, Germany, Japan, the U.S.A and the U.K, this article puts forward some tentative plans and ideas on how to perfect the system of requisition and expropriation compensation in our country.The system of requisition and expropriation compensation is an legal institution which is to offset the damage when the legitimate rights and interests of the citizens and the organizations suffer special losses, this special loses is caused by the legal power which belongs to the administrative organ who performs this power for the public interests. In the next part, the author analyzes the nature of the requisition and expropriation compensation. The characteristic of the administrative compensation mainly has the following points: (1) the reason of the administrative compensation should be lawful. (2) the administrative compensation should aim at offsetting the special lost of the citizens and the organizations. (3) the administrative compensation must base on the actual lost and there must have the causality between the lost and the act which performed legally by the administrative body. (4) the administrative bodies are the respondent organizations.(5) the administrative compensation has various patterns.France is the first nation to set up the Administrative Compensation System in the world. It has already provided the administrative compensation provision in the French Declaration of 1789. And besides the written law, the general principle of France can also become the legal basis in the administrative compensation. The scope of the French Administrative Compensation System mainly includes the compensation of requisition in collecting for the public interests, and it should be the direct, substantial and tangible lost. The procedure of the French administrative compensation is scientific and complete. It mainly includes such proceedings: confirm the obliges, negotiate the amount of money, court trial, the judgment; refuse to obey the appeal that is adjudicated in the first instance; pay off the compensation...