Study On The Regulatory Takings Accreditation Standards

With the ceaseless development of modern society and the transformation ofgovernmental functions, our nation is obliged to get down to interfere and restrict the privateproperty right in different ways and extents based on public interests in order to scientificallyproject and take advantage to the resources and afraid the maximization of economicalinterest. However, in the process of governmental management to the private property, thereare situations that property owners are deprived of execution of property right due to theexcessive surveillance of government. And these situations are not able to apply to traditionalconcept of levy, become the government has not acquired the ownership that the propertyowners enjoy. The circumstances that property owners equities are indirectly influenced bythe surveillance of administrative laws and regulations and accordingly, produce the effect oflevy provide a subsistent foundation for the theory of regulatory taking. The paper providessome references for this theory, specious the establishment of the certified regulatory takingsby researching this theory from the United States. The paper puts emphasis on the researchabout the regulatory takings in hopes of fabricating our owns by comparing and mirroring theadvanced theory from abroad. Besides the introduction and conclusion, there are five parts.From the first part of case is introduced and analyzing the causes of this situation, weconclude that in the balance control and property rights field, in our country recent years，although there are some sporadic clause in the legislation, but has not yet formed thestandardized system, especially in what circumstances can be concluded that theestablishment of regulatory takings has no unified standard, so it is necessary to further study.The second part introduces regulatory takings and standards of the general theory.Analyzing the origin of regulatory takings and the legal basis of radiating regulatorytakings,and demonstrate the practical significance of a recognized standard.The third part is destination of the regulatory takings system of US. After years ofdevelopment, regulatory takings, a theory, which is established in the United States hasbecome increasingly mature. It form a set of reasonable and scientific standard for regulatorytakings through different historical stages of precedent. This section through the typical casesin American legal history card regulatory takings levy standards, and we hope it can provideimportant reference for similar situation in our country. The fourth part analyzes the current situation of regulatory takings in our country. Aboutlegislation, the author makes a list of the relevant legislation of regulator takings and analyzestheir shortcomings.The fifth part is building the judging standards of regulatory takings in our country.Based on the judging standards of regulatory takings concluded from the American legalprecedents and our national conditions, the author enriches and develops the connotation ofthese judging standards, thus we can get a set of judging standards of regulatory takingssuitable to our country.