Equilibrium Between The Power Of Land Expropriation And The Right Of Condemnee

Equilibrium theory is an important theory of administrative law. Equilibrium theory argues that the relationship between the executive power and relative person’s rights is the core issue of administrative legal relationship and administrative legal system. Equilibrium theory advocated that the executive power and relative person’s rights should be balanced configuration to make the public interests and personal interests achieve a win-win situation, so it is with justice and efficiency. This paper argues that equilibrium theory can be used as basic theory to analysis, critique and build the land expropriation system of our country. Using equilibrium theory to analysis the system of land expropriation in our country, the author found that the defects of the system of land expropriation is the imbalance between the power of land expropriation and the rights of condemnee. The type of the imbalance performance that the power of land expropriation is too strong and the rights of condemner is too weak. The main reason of the imbalance is: the first, failure on the public interest clause; the second, not fully protecting on the condemnee’s right of participation; the last, not justly protecting on condemnee’s right to compensation.This article is divided into four chapters to demonstrate the above view.The first chapter gives a brief introduction of the concept of land expropriation, the power of land expropriation’s concept, characteristics, legitimacy, the content, and the concept of condemnee.The second chapter analysis’ the background, basic meanings and features of equilibrium theory,and the imbalance and the balanced method.Third chapter use equilibrium theory to analysis the imbalance of the land expropriation system, and discuss the reasons of imbalance: failure on the public interest clause; not fully protecting on the condemnee’s right of participation; not justly protecting on condemnee’s right to compensation.In the previous chapters’ analysis, the fourth chapter gives three suggestions in the using of the equilibrium theory, first, definite public interest reasonable; second, improve the condemnee’s right of participation; third, improve condemnee’s right to compensation.