Study Of Problems And Countermeasures On Administrative Acquisition

The study of administrative acquisition is a hot and difficult issue in administrative law. Administrative acquisition concern interaction and balance between citizens property rights and the state administrative power, enforcement and compensation, public interest and private interest, is the system design to parallel achieve two important objectives of protection the interests of property rights and maintenance of public interests. Therefore, administrative acquisition is not only a specific administrative act to exercise domain powers and perform the administrative functions, but also a indispensable tool to re-adjust the relationship between the national public power and private rights and promote social progress. With economic development, the legal system has been steadily improved; the property of citizens has become increasingly rich, right awareness keeps rising. How to limit property rights,in the same time, does not deviate from the purpose of protection of property rights, from a deeper level, concern change the mode of law enforcement, economic development, the people's livelihood and stability, social harmony and stability. Therefore study of administrative acquisition and improvement has great significance in theory and practical value. Basing on this consideration, the article analysis the basic theory, existing problems and the status of administrative acquisition, and put forward some constructive improvement suggestions.The thesis consists of six parts. The foreword is a brief description of necessity for administrative acquisition system and the research status and research methods.Chapter I is overview of administrative acquisition, including the concept of administrative acquisition at home and abroad, comparative study between administrative acquisition and administrative collection, the legitimacy of administrative acquisition. The author first analyzes the concept of domestic and foreign scholars on the definition of eminent domain, eminent domain is proposed based on the public interest requires the State, by the administrative body (not the state or government) in accordance with legal procedures to force the relative deprivation or restriction of the right to use the property and Fair compensation of the specific administrative act. Then the author of the Chief acquisition and administrative charge of these two there was not only common but also has differences, and easy to confuse the two specific administrative acts of the analysis, summed up the two public service, mandatory so common, and have legal effect Various administrative duties and compensation relative to different people, different scope, status of legislation are different. Finally, the author studied the problem of the legitimacy of eminent domain, that eminent domain must be in the public interest that has the legitimacy, and define the public interest analysis of the reality of difficulties.Chapter II analyzes the theoretical basis and principles of administrative acquisition. In view of this paper is related to the legal system of administrative expropriation of research, this chapter only the main legal theory of eminent domain to explore the basis and therefore the first part of this chapter describes the legal theory of the basis of eminent domain are the basis of constitutional theory and the theory of administrative law. First, that the 2004 Constitution, Article 10, paragraph 3 and paragraph 3 of Article 13 of the initial lay the basis for the executive power of expropriation is expropriated under the legislative act, constitute our system of constitutional basis for eminent domain; second, due to administrative expropriation is the use of coercive state power, administrative relative deprivation or restriction of people's property rights, which seek to achieve the executive power and civil interaction between property rights and balanced development of the solutions is the goal of eminent domain, controller-Balance is theoretical basis of the Chief Administrative Law acquisition. The second part of the principle of administrative expropriation, eminent domain must follow that the principle of legality, public interest principle, the principle of due process and fairness.Chapter III makes review the history of administrative acquisition and legislative status, analysis the current law and problems of administrative acquisition. Eminent domain legislation our country is mainly scattered among the various special regulations, our Constitution provides for the principle given administrative expropriation, and other separate regulations in their respective areas according to their own situation, the administration made the corresponding provisions of expropriation. From the administrative law in the areas of acquisition, you can see the executive acquisition activities in administration, the use of very common and wide spread; this study also confirmed the importance of administrative expropriation legal system. However, due to lack of administrative expropriation of the area of a single law, so scattered in various laws and regulations in the field of eminent domain provisions of the lack of relevance, a prerequisite for use of administrative expropriation, compensation procedures and standards vary widely, it will definitely increase the provision in practice the difficulty in implementing. And analyze the current situation of administrative expropriation practice, finding a lack of uniform regulations, unclear definition of public interest, lack of proper acquisition procedures, and compensation for part of the problem the lack of theoretical support.Chapter IV is the perfect legal system of administrative expropriation. For the earlier acquisition of theory and practice of administrative deficiencies, mainly from the perspective of law put forward counter measures. Discuss proposal how to improve our current legal system of administrative acquisition, including the corresponding recommendations to improve the legal system, legislation clearly administrative requisition legal system public interest, procedures, compensation, and protection of administrative acquisition.In the conclusion, the vision of the legal system of administrative acquisition was discussed.