Study On Expropriation System

Expropriation System refers to legally authorized administrative organs or other organization to national force as the backing, in order to realize the public interests as the purpose, shall obtain a citizen, a legal person or any other organization property and to give fair compensation behavior. Its core is to deprive the property right of the expropriated,which is "the Constitution" and "Property Law" on private property rights conflict.But public expropriation system to solve the problem is how to focus on national public expropriation power restriction and limit in order to realize the expropriated guarantee of property rights.This article is to present situation of our public expropriation for background,with public expropriation of protection of property rights expropriated for center and discussed from three aspects:The first is the basic theory of public expropriation system, including public expropriation system concept, characteristics and its theoretical basis;the second is the present situation, the existence question and the reason analysis about Chinese public expropriation system.Based on the analysis of the status of public expropriation system to identify problems and profound analysis of the reason, in order to suit the remedy to the case and solve public expropriation system's flaw;the third is put forward the construction of the public utilities in China assumption expropriation system.On the basis of analysing foreign advanced experience with our practice and from public expropriation of purpose,compensation and procedure are to perfect our public expropriation system.