Immovable Property Levied By The Government

The title of this thesis is On Expropriation of Real Property by the Government.It discusses expropriation of real property by the government, including sevenchapters. Chapter I is on the constitutional provisions of different countries, such asGermany, the United States and China, for government expropriation of real property,and the shortcomings of our Constitutional requirements imposed on property.Chapter II discusses the basic philosophy and jurisprudence on the expropriation ofgovernment, the legal basis for its attributes of levy behavior and compensationagreement, and remedies for disputes. Chapter III discusses the concepts similar to butdifferent from the government expropriation, such government requisition,confiscation, recovery, acquisitions, business acquisitions, collection and demolition,and their legal characteristics. Chapter IV discusses the evolution of legislationrelating to expropriation in our country. At the beginning of PRC, the politicalmovements of socialist transformation were carried out, such as the confiscation ofbureaucratic capital, the redemption of the national capital, the socialisttransformation of private houses in cities, the rural land reform and the people’scommune, which were reviewed and commented. It discusses levy features ofdifferent historical stages. The1980s began to implement the policy which correctedthe misappropriation of private property in the city. In the early1990s we began froma legal perspective to make specific provisions for the expropriation. To the early21stcentury, we have formulated and promulgated a constitution, laws, regulations andrules relating to levels for proper expropriation. However, existing levy property lawshave negative impact on the future, eg. Public ownership makes Chinese people haveno land ownership, so in70years the owner will face the loss of rights to continue toown the house which he bought due to expiration of land use rights withoutcompensation. Chapter V shows some progress in protection of property rights ofcitizens by comparison between the old expropriation regulation and new one. Thenew regulation stipulates that expropriation is to be subject to public welfare purposes,that legal entity of expropriation is local governments, that judicial demolitions replace the former administrative demolitions, that expropriation compensation range,standards and principles are also improved, and that expropriation procedure tends tobe of specification. Chapter VI proves that the defects of expropriation system in ourcountry are due to the theory of socialist public ownership, and discusses thedeficiencies of the expropriation regulation, which have revealed that evaluation andappraisal of property are unreasonable, that compensation to the lessee is not specified,that house demolition will not be stopped during administrative proceedings, thatsubsidies and incentives given to the owners of the houses to be expropriated areimproper, that there are defects on hearing procedures. Chapter VII analyzes thecauses of violent demolitions carried out by local governments. Here are some typicalopinions on violent demolitions which take place so frequently. Some think that thelaws, regulations and policies exist in name only; some think that people takeadvantage of loopholes in the law; some think that they are due to improper role ofGovernment in management. Others think that administrative procedures are dummyand judicial proceedings are useless. Chapter VIII discusses how to improve theactivities of the government expropriation, including the protection of citizens’property right, which is the state or the government’s primary purpose, which is theprerequisites for the protection of the rights to life and liberty and which is also thecornerstone of establishment of a modern state managed by the rule of law. We oughtto focus on the improvement of expropriation procedures, hearings procedures, andthe establishment of an independent judiciary. We ought to stop demolition during theadministrative review or judicial proceedings. Government should change its role toestablish a people-oriented of governance, get rid of the old concepts and wrongpractices in its mind which has no respect for the private rights, distinguish publicinterests from personal interests, carry out the concept of administration according tolaw, and establish and implement accountability. We can draw a conclusion that onlythe flourishing of civil law can brings about lasting peace and prosperity of the nation.