| The State expropriates personal property in order to provide public products, realizes the needs of public interest. Property expropriation will certainly deprive property ownership of the subject being expropriated. It is appearing that property damage causes social contradiction phenomenon, if procedure system is not perfect. We must have an appropriate program system to ensure the property expropriation behavior be legality and legitimacy. Therefore the property expropriation procedure system in the expropriation system occupies an important position in the legislation of many countries.This article is divided into four sections discussed the problems of property expropriation procedure system.The first part discussed the basic theories of property expropriation, including economic and jurisprudence foundations of property expropriation, and the legitimate basis of the property expropriation. This section aims to illustrate the necessity and rationality of the property expropriation which is for the realization of public interest.The second part introduced the relevant domestic property expropriation procedures legislation research, including domestic property expropriation launching procedures, responsibility investigation procedures and reimbursement and remedies procedures for property expropriation, and discusses the existing defects in property expropriation.The third part introduced the foreign relevant property expropriation procedures system. The successful experience merits our attention.Finally for perfecting the property expropriation procedure legislation, we put forward some suggestions focus on perfecting responsibility investigation procedure, property relief measures, determining reasonable compensation standards, and developing a unified "Administrative Compensation Law".Along with our country’s city construction and urbanization development, disputes and compensation issues caused by house demolition become the focus of the society. We should carefully examine our country’s property expropriation procedure defects, draw lessons from foreign successful experience combined with China’s reality, establish and perfect the system of the property expropriation procedure to protect the public interest and individual property rights at the same time, realize the coordinate development of the public interests and personal interests. |
