Research Of The Human Right Protection Issues In National Collection

For a long time, problems of national cllection are the hot topics in the state and society. Many scholars study these proplems from different points of view,especially in land expropriation and House acquisition. This article attempts to resarch the problems from the Angle of human rights protection and clarifies why human rights protection of our country are in adverse. The writer try to reference to rules and regulations of acquisition of other countries’,and to seek suitable for requirements of the national acquisition system of China’s socialist "people-oriented" achievement and realize the purpose of the harmonious development of society and human rights protection.This article is divided into four parts:First part mainly on basic overview of national expropriation system and human rights protection. This part is divided into two sections, in the national expropriation system section, the writer analysises on national expropriation of concept and the features firstly, then compare national expropriation to related concepts of connotation,finally, described national expropriation of purpose and standard are public interests, public interests of defined with human rights protection as value orientation; in the human rights protection section, the writer analysises human rights of basic concept, and overview the basic human rights of national expropriation, then reveals out the important meaning of human rights protection.The second part mainly introduced present situations of the expropriation in our country, questions and reasons analysis. This paper mainly explains the legislation deficiencies in our country,expropriation and compensation is not reasonable, the unclear definition of public benefits, the government levied idea bias and so on.The third part is an introduction about the regulations of state collection system which includes the introduction and analysis of legal basis,collection procedure and compensation scope and standard. In this part, the operation and advantages of collection systems of countries outside are compared to our current collection system by the comparative analysis method. Based on the research result, lessons are drawn to promote the human right protection of the collection system.The forth part mainly research methods of improving the human right of collection system. Suggestions are given that the human right protection should be improved from the perspectives such as the perfection of collection system, improvement of compensation scope and standard, unified State Compensation Law, clear judicial relief channels ensured by the judicial office, administration executed according to law by administrative units and reinforcement of responsibility assigning mechanism of state collection system.