Reflection On The Connotation Of Withdrawing Based On The Public Interests And Expropriation

As our country implements socialistic public ownership, those important resources like land belong to state or collectiveness, which means only two forms of land ownership——rural collective land ownership and state land ownership exist. Our sea area belongs to the state. Since the state and collective are both abstract concept, land and sea area owners do not have the ability to use directly, we have to extract a real right---the remising land-use right from the national land-owned right, deliver it to the concrete subject of rights, so that to make full use of land and sea area.As the acceleration of the pace of the city construction, there will be more and more circumstances that the land-use right and sea area-use right is withdrew based on the public interests. However, there is no systematic rules concerned the withdrawing activity in the laws. As the current legislation is flawed, it does not clarify some issues, such as the action nature of restoring state land-use right and so on, resulting deviation occurred understanding the concept and inconveniently dealing with practical problems. The withdrawing land-use right activities based on the public interests is often related to expropriation, but there are different understandings about their relationship, causing confusion and dispute to a certain extent.The core issue to be discussed in the article is the relationship of the withdrawing use right activities and expropriation, analysing the focus of academic controversy that whether withdrawing activity belongs to expropriation or not.The article discusses the issue with five parts. Firstly, introduce the background and the value of state-owned land use right and sea area using rights, and explain the necessity of the withdrawing system. Know clearly the core issue is the withdrawing based on the public interests. Secondly, point out the academic controversy. Thirdly, show the present situation at the current system arrangement. Then analysis the present situation, summarize the main problems and discuss the reason. Withdrawing use right activities should have gone to expropriation. Finally, explain the feasibility of absorption merger by analysing legitimacy of eminent domain power, eminent domain power. I hope that this studycan be beneficial to the theory and the practice of taking.I hope that this study can be beneficial to the theory and the practice of taking.