On The Nature And Legal Control Of Expropriation Power

Property Collection is the state to meet the need of the public interests by compensate for compulsory obtained for conditions, private property act, and also for remedy the market failure state by national administrative power a way of resource allocation, which infiltrated with proprietary, public rights of public and private interest contradiction and conflict. Collection system is world universally practiced certain universality and the convergence of comprehensive legal system. Collection of legal system is the common features of public welfare, levy purpose:the fairness, acquisition for the legitimacy of expropriation procedures, tax relief diversity. The basic elements of collection system of national expropriation power became an important means of control. The collection system is that the state’s expropriation power based there. In the process of constructing constitutionalism and rule collection system to establish and perfect the process, is the country expropriation power use perfect process. In our modernization that accompanies with the process of industrialization, urbanization and urban and rural collective land in on state-owned land for main object collection of houses in very long period and considerable scope will inevitably massive existence. In our country reality system and policy background, for collection of contradictions and conflicts triggered, always some group incidence, endanger outbreak of social stability and social programs, and cause people to the current strong collection system questioned and profound reflection. For levy mess caused social causes and performance is very much, but in the final analysis of eminent domain abuse. Accordingly, special research expropriation power nature and features, discusses the legal control of eminent domain is necessary. This article except preface and epilogue outside, were divided into three sections, more than 30,000 words.The first part is eminent domain, aiming to define the basic problems universally eminent domain, such as collection and expropriation power relationships, the meaning of eminent domain, the collection authority nature and features, eminent domain, after the content for the analysis of lay the foundation. Collection is a country to meet the needs of public interests, using national administrative power, to compensate for the conditions, the behavior of compulsory obtained private property. Collection is eminent domain specific implementation and operation process, expropriation power is the basis of levy. Expropriation power is based on the sovereignty of the country with the need for public purpose, to compensate for necessary conditions, and mandatory possession or limiting private property rights, and give the legitimate public power of right remedy. Eminent domain is one kind has the specificity, compulsory state power. The nature of eminent domain levy and collecting with the nature of the legal relationship both interaction and mutual contact side, and have differences. Expropriation power is the nature of administrative power. Levy and collecting the nature of the legal relationship is more complex, mainly is the administrative legal relation of administrative behavior and impose the behavior, because the complexity. Eminent domain has national, mandatory, Infringement and statutory. Special collection of right means collection conducts; The expropriation power including collection of legislative power, tax planning, the collection new rights, tax right executive compensation standard, the collection, collection of constituting the content such as power.The second part is the legitimacy of eminent domain based and control the basis. This article aims at analyzing country expropriation power existing legitimacy and rationality, from two aspects of theory and reality of legal control analysis expropriation power bases. National sovereignty, property right person to agree, ownership subject to obligations said and transaction costs said from different angles demonstrates the legitimacy of existing national eminent domain. The exercise of eminent domain is state sovereignty reflect, has the absolute. The country collects the legitimacy of property on the property according to the agreed, property rights people who agree with form is the deliberation and institutions decision. The people of government implemented the collection, use expropriation power process is executive power authority to make laws process. Private property right is not absolutely, responsible for the Social obligations. the state of private property on shall collect. Public interest has the public nature of the product and the particularity of land property such as leads to market transaction cost huge, countries use expropriation power realize the public interest has its rationality. From the separation of powers theory, the protection of human rights theories and public choice theory can be found in the country expropriation power control theory. Our country’s actual practice expropriation power of alienation and lavish, is the realistic foundation expropriation power control.The third part is to explain how to control power by law. Eminent domain is an executive of expropriation. the primary path is legislative and judicial control. Legislative collection of legislation is the basis of expropriation power exercise. Property rights to be levied on eminent domain of relief is the judicial control. Expropriation power exercise of public interests shall be limited to the border. The exercise of eminent domain to compensate for the elements, compensation expense is the national expropriation power cost, of the exercise is to control the government increased the expropriation power abuse, effective measures. Collection of compensation should be in a fair, reasonable as its principle, fair market value for standards and targets. Proper legal procedure is expropriation power control of procedure guarantee.