Collected By The State Under The Right To The Constitutional Vision Research

In order to provide public products to society and realize the public interests, the state is necessary to be entitled the power to expropriate private property under some special circumstances. Especially when the country is on the highroad of development such cases are emerged one after another. However, the fact that the source of property expropriation system lies in eminent domain is not widely and theoretically covered. In this thesis the author reviews the history of eminent domain and defines this concept under the constitutionalism with the approach of semantic field. Based on this the author discusses the natural characteristics, constitutional characteristics and connotations of this concept. The essence of eminent domain is a kind of political power, belonging to sovereign. It is a unification of right and power, a unification of private property right and public interest. It is public power defined by the law clearly.Furthermore, how to regulate the operation of eminent domain under the constitutionalism is illustrated.