On The Public Collection Due Process Of Law

Acording to constitution of China,it is on the ground of public interests that government can ldvy citizen 's properties. But in realities,the authorities are both decision -makers and excutives,have some inlinations to abuse their powers,especially in the field of rural land levey and urban resettlement, many disputes arised and become hot issues. So take some measures to restrain the abusive power of levy is very urgent for the protection of the private properties in accordence with the rule of law.At present,our country has not an unit law about the levey for public interests,the concerned rules are included many laws or in rules.It is not easy to protect the properties of citizens.So ,establish an michanism of procederual controlment of levey abusement is very necesary and feasible.Due process of law is important foundation of American consititutionism.It is very useful to protect rights of life,freedom and properties of citizens from the abusive powers.The ideology of due process of law has great meanings for us to proper and improve law system and protect the properties of citizens from the abusive powers of government.The author begin this article from the introductions of the due process of law,research the essensial elements of due process of law and with the case of land levey concerned ,analysis the justifications and properties of the procedures of regulations and rules about leveies of property and further more,render some advices about reestablishment of procedures of levey property for public interetes of myself own .The full of article has three parts except preface and conclusion.The first part mainly focus on the introductions of the origin and development of due process of law,and substantial due process of law and procedural due process of law of American. And with aid of fruits of some scholars,find out the essential elements of due process of law at lowest justice. The second part mainly focus on the analysis of the present procedures of the rural land levey and urban resettlement with aid of real case,and point out the improperties of concerned rules and laws.The third part is the core of this article. On the base of due process of law,the author render some advices on the property and promotion of the procedures of levey of properties of citizens for public interestes. It mainly include the value chioce and the concerned principals of levey of properties of citizens for public interestes definitions and layers of the public interestes and some detailed measures for the procedures of levey of properties of citizens for public interestes.