The Perfection Research Of Expropriation Clauses In The Constitution Of Our Country

After the modification in2004, Constitution has made great progress. However, I believe that there are still many defects need to be improved. This paper aims to perfect it from three aspects. Firstly, I mainly discuss the foundation of the national production and existence and levy practice of country in ancient times, which proves that National Inherent Eminent Domain does not need to be granted by Constitution. And through comparative analysis of the capitalist states’Constitution, I demonstrate that the levy clauses of Constitution should be the restriction of National Eminent Domain. Then I present that the grant of National Eminent Domain should be modified to the limit of National Eminent Domain. Secondly, I demonstrate there is no need to distinguish whether it is for the public interests from five aspects in the main. First, collective ownership of land is not private right in private law and should not deserve the protection of private rights at the sense of private law. Second, the distinction between " public interest" and "non-public interest" would lead to unjust results of distribution. Third, the distinction between " public interest" and "non-public interest" will reduce the overall efficiency and influence the progress of urbanization and modernization. Fourth, there is a contradiction between the principle of public interest and the system needs. Fifth," public interest" is in the nominal state in practice and cannot play a role in the prevention of abuse of the Eminent Domain. And I also demonstrate the need to increase the principles of due process to restrict Eminent Domain. So I present that the cancel of levy should be for the purpose of public interest and increase the principles of due process to restrict Eminent Domain. Thirdly, I demonstrate the country should adopt the principle of fair compensation mainly from two aspects. On the one hand, I discuss the reasons of using the principle of fair compensation in a positive way. On the other hand, I discuss the reasons of not using other compensation principles in a negative way. So I present that our country should adopt fair compensation for property expropriation. Finally, I conclude that Article10of Property Expropriation Clauses of our Constitution should be modified as fair compensation must be given when the country expropriates and confiscates land according to the due processes and Article13should be amended as fair compensation must be given when the country expropriates and confiscates the private property of citizens according to the due processes.