Research On The Law System Of Land Expropriation In Japan

Studying Japanese scholar writings, both gasp in its academic attainments high and studying is rigorous, deeply domestic legislation again at the same time the deficient. On the citizen property protection and land expropriation, China's relevant laws is unsound, and expressed by the constitution and other laws of ideas and reality between still exist in the very big disparity. To solve the contradictions among the people and strengthening the government function change for political essences and social stability is of great significance. Compared with China, Japan established a strict, perfect land charge system, in charge of land use with procedures, the government administrative functions, citizens property compensation system there are clear, the detailed rules. Japan in the land accept usage "and so on a series of laws and regulations, with rich under the protection of the cases and trial practice is worth our using for reference.About land expropriation and loss compensation, Japan has made considerable legislation achievement, established a better land expropriation and legal system. Japan "land accept usage" about "career" optimal lattice the detailed rules and a series of related laws, and the whole feasibility of complete and systematic midway system is inseparable. From the Meiji period began the centenary of the legislative process of, just to build up now fairly complete legal system for land requisition. Japan's constitution, private property used for public purpose needs proper compensation. To solve the social problems of land expropriation, get bogged down in the "public interest" this academic concepts about frontrunner, go against the essence of the problem solved. To really ensure government collection of compliance to public interests, and must be levied on the basis of procedure control. Japan's domestic stipulate the strict and elaborate collect with land program. Land reap with program roughly divided into two stages:namely "career decision procedures" and "reap with award program". In the process of land expropriation, under the protection of administrative power by proper limits within a certain range, who was imposed the lawful property rights were also to the greatest extent respected and protected.