The Legislative Procedures Of Property Expropriation In Our Country

Property expropriation, as a conduct to deprive the rights of ownership of property and rights of property use from the expropriated, needs legislative procedures to ensure its validity and legitimacy. The legal procedure of property expropriation is a procedural assurance to protect the lawful rights of the expropriated and a fundamental part of the property expropriation system, therefore, it is indispensible in China’s legislative design. The design of legislative procedures of property expropriation should on one hand standardize the executive authorities’ exercises of rights and realize the goals of property expropriation, and ensure the lawful rights of the expropriated in the broadest sense and balance the public interest and individual interest on the other. Meanwhile, the legislative procedures of property expropriation should pursue equity as well as efficiency.At present, there are no explicit provisions about the legislative procedures of property expropriation, and those laws existing concerning property expropriation are quite scarce and confusing, lacking systematic and feasible measures. Theoretically, land expropriation is dissociated from house expropriation, resulting in different degree of protection towards different expropriated objects. Profiting from oversea lawmaking experience, this thesis firstly carries out a systematic study of the current situation and practice of China’s legislation of property expropriation, and then proposes a supposition of uniform legislation concerning property expropriation with an elaboration of the legislative procedures at each stage, hopefully to promote the progress of private-property protection.