Research On The Compensation Of Land Use Regulation

Land use regulation are core terms in land administrative law,and in recent years it also become a research hotspot in the field of Administrative compensation. The government was implementer in system of land use regulation. Land property rights of the land users have been securede,In order to improve the land use efficiency,the government have the duty to protect the civil property rights.The property rights of citizens must be limited by the government,which was a necessary methord in land use regulation.As a definer of individual rights in land, also as a protector of individual rights against other citizens,and as safeguard against excessive government interference, how can government balance and mediate the dual roles?This paper will be divided into five parts:Part I: From the era of the welfare state is coming, the task of the government became extended to anywhwere of social life. Espacially in the field of public works.sum up the necessity of land use regulation to determine the research perspective.Part II:Mainly researched and analyzed the system of land use regulation.the concept of land use regulation as a starting point to explain the reason and the goal which was the systerm to achieved.By analyzed the theory of land use regulation, combined with the causes and the objectices,we can come to the basis of land use regulation,so pave the way for the following.Part III:This part investigates the influence of the land use regulation to property rights and interests of citizens. It analyzes the meaning and new development of contemporary property rights. As the starting point of regulatory takings, this part deeply probes the formation, development, features, components, and classification of it. And also analyzes the institution of regulatory takings and compensation of it between the countries of the world,such as The United States,German, South Korea, and the region of Taiwan of China.Part IV: On the basis of the institution of regulatory takings, this part investigates the invasion of the land use regulation to property rights and interests of citizens, which includes the invasion to property rights and interests of citizens of regulatory takings and the impact to personal property of citizens of the external characteristics of land itself.The essence of this theory can help improving the system of Administrative compensation of our country.Part V: First, this part determines the significance of the system of Administrative compensation: the one hand, it restricts the abuse of public power of government; the other hand, it protects the personal property rights and interests. Second, this part systematically expounds the classifications of the system of Administrative compensation. This part provides the principles of compensation of regulatory takings, calculation standards, methods, and the institutionalized proposal of the procedure of compensation. These are the concrete measures basing on conditions and practices of our country in the process of referencing foreign perfect system. It also helps consummating the system of compensation of regulatory takings and the system of Administrative compensation of our country.