Research On Inverse Condemnation

Traditional expropriation is the act of the government exercising public power to deprive citizens of property ownership.With the development of the economy and society and the city,the government has not used the right of expropriation when carrying out various activities such as urban planning and cultural relics protection for the purpose of realizing the public interest.However,citizens' real estate property rights are unavoidably excessively restricted.Causes the loss of citizens' property rights.Discussions on the quasi-levying of real estate came into being.The theoretical research on the Inverse Condemnation of real estate in the United States,Germany,and China's Taiwan region is rich.Through comparative research and establishment of a Inverse Condemnation system in line with China's national conditions,it will be beneficial to the protection of private real estate property rights of citizens.At the same time,it is conducive to achieving a balance between public and private rights,and ultimately conducive to the harmonious development of society.This article begins with the basic theory of real estate Inverse Condemnation and analyzes the concept of Inverse Condemnation of real estate in an in-depth analysis.It gives a clear definition: Legislative actions,government administrative actions or factual actions that are implemented for the purpose of social public interest make real estate property rights of citizens.In the event of excessive restrictions,the owner of the real estate may receive compensation on the ground that the act constitutes a levy.The author classifies the immovable property Inverse Condemnation,and then defines the Inverse Condemnation of immovable property as legal administrative act,administrative factual act and legislative act,and clarifies the nature of quasi imposition of immovable property.The quasi-collection of immovable property has its unique constituent elements,which is of great significance for the determination of imposition of immovable property.Although China has not yet established a Inverse Condemnation system for real estate,the laws and regulations concerning the Inverse Condemnation of immovable property are scattered in various individual laws.In real life,there have also been many cases of Inverse Condemnation of immovable property.A comprehensive analysis of the relevant laws and regulations and the discussion of the cases can reveal that the current quasi-expropriation of real estate has problems such as unclear legal provisions,insufficient judicial practice,and lack of relevant provisions of the remedies.In the process of constructing the quasi-expropriation of real estate,first of all,the legal system of Inverse Condemnation of immovable property is consummated from the constitutional level,and then the legal remedy mechanism for Inverse Condemnation of real estate is established.Finally,the concrete system is proposed and specific construction suggestions are put forward.The identification criteria for Inverse Condemnation of real estate and the establishment of relevant accreditation bodies,and specific regulations concerning the quasi-levying compensation system for immovable property are specific methods for constructing Inverse Condemnation of immovable property.