A Research On Regulatory Takings

Property right, a very important civil right, is the basics of human surivival andtaking on various civil activities. In modern times, the limits imposed on the protertyright become more and more frequent, while condemnation on the private property isone of the most important limits. Along with condemnation in western country is fromclassical collection development to expanding collection, the purpose imposed onproperty right is from public use expansion to public need and the category is fromdirectly deprived to limits. It indeicates that modern condemnation has been undergonemany changes on method, category and scope. Regulatory takings is a typical example.U.S. is the earliest established it by a series of judicial precedent. Later on the othercountries, such as Germany, South Korea, Canada, and Taiwan also have builtregulatory takings in order to provide remedies to property owners. Our country hasmany similar situations but this system in our crininal law is still a blind spot. It shouldbe established a set of operable regulatory takings system and get the legal confirmationin order to protect property rights of citizens.The first part，it is found that there are many circumstances in our country whichshould be regarded as regulatory takings, based on the view of governmental behaviors,related laws and regulations. Government regulation on the property rights of citizenscauses by excessive restrictions, resulting in some minority people to undertake thesocial and public interests. It is obviously unfair, and we should be give compensationto the limited property rights. But the relevant laws and regulations does not have anylegal relief and compensation terms. We should make the legal relief in order to propectthe property rights of citizens. In the second part of this article mainly introducts aboutregulatory takings of the origin, content, and jurisprudence analysis. In the third part,the regulatory takings systems of U.S. and Taiwan are introduced, having a moremature development. Through discussed in detail its standards of judgment and legalrelief way, it is hoped to be established a set to suit ourself regulatory takings system. In the fouth part, according to our country’s legal system and special conditions, thepreliminary conception of regulatory takings is put forward, mainly discussing severalaspects that included the constitutive requirements, compensation mode and remedyway of regulatory takings.