On Our System Of Administrative Collection

After the promulgation of the constitutional amendments, expropriation toward land and other legal properties has become a constitutional system by due to the needs of public interest, the constitutional amendments will have great effect on so many aspects, such as, protecting the legal rights of the person, the corporation and other legal entities, supervising the government to act according to the law, mediating the social contradictions, keeping the social stability, smoothing the development of the society, realizing the Rule of Law in our country, etc. But the basic norms of constitution are characterized by being of principle and general. It can not be used directly. So as one of the most important law branches, the administrative law has a magnitude task of how to implement the constitutional norms concretely from the perspective of administrative law.According to the constitutional norms and the spirits of administrative law, the thesis studies expropriation with the followed elements: the purpose of administrative expropriation, the basic principle, the procedure, the compensation and relief. Being interdependent, these elements commonly comprise the theoretical mansion of administrative expropriation.It will be conducive to prohibit power abuse to confine the connotation and extension of public interest properly which is the purpose element of administrative expropriation. The basic principle of administrative expropriation can be used to direct the legislation, execution and judicial review in this field. As the element of procedure, the due process of administrative expropriation can assure the form of expropriation being fair. Compensation is the prerequisite of administrative expropriation, without which the expropriation may lose the fundamental safeguard to the civilians' property right. And as a result, the restriction to administrative expropriation could be lost too. The relief is an indispensable element ofadministrative expropriation in virtue of legitimacy. And the concept that there is no power where there is no relief has been the principle of modern administrative law.Based on the elements mentioned before, in combination with related theories of other countries, the thesis analyses the practice of administrative expropriation, the law concept and the pertinent law norms so to explore and consummate the administrative expropriation system.