Research On The Legal System Of Compensation For Private Property Expropriation In Emergency

Citizens enjoy legal private property rights,which were clearly put forward in the 2004 constitutional amendment of our country.However,human beings have existed in the crisis environment since the beginning.Whether it is national wars or natural disasters,they are all related to various problems of human existence,and the frequent emergence of emergencies has also formed a noticeable impact on the protection of citizens' rights.In the sense of economic constitution,the compensation for the emergency expropriation of private property is of great significance.Especially after the state of emergency is entered into the constitution,the protection of human rights in the state of emergency is undoubtedly an inevitable requirement for modern society to deal with crises.Although China has already stipulated a state of emergency in its constitution,the issue of expropriation of private property and compensation after the event has not been specifically resolved.The protection of private property rights in a state of emergency is the embodiment of human rights and the basic guarantee for the smooth realization of social stability and economic development.Based on the legal system,combined with the special exercise of public power and the special emphasis on public safety and public interests in emergency,the handling of basic issues such as compensation for expropriation of private property highlights its important human rights value in emergency.Through various emergency means,public power derogates from private rights during emergency periods to safeguard the overall interests.Local sacrifice of individual interests to meet the interests of the vast majority of people to protect the needs,which is also a necessary means of overall security maintenance.However,as one of the basic human rights,private property rights cannot be ignored and the derogation of rights should still be reasonable and legal.Derogation of private property rights should always take the law as the criterion,follow the principle of proportionality,and exchange the minimum loss for the maximum gain.While restricting individual property rights,we should actively reflect the sociality and commonweal of private property rights.However,the lack of legal framework and protection standards have plunged private property rights into a rightscrisis.Resolving the crisis and realizing the reasonable derogation of rights cannot be separated from the prudent exercise of the government's emergency right.Clarify the conflict between public power and private rights in emergency,divide the expropriation of private property reasonably within the limits,and compensate the emergency expropriation of private property with appropriate compensation.Advocate the reasonable exercise of public power and the emergency resistance of private rights under unequal treatment,and seek the protection of human rights under emergency conditions.Based on the actual situation in our country,this paper explores the expropriation of private property in emergency.Through defining the boundary of rights under the principle of proportionality,innovating mechanism design,carrying out special supervision and review procedures,and proposing measures such as public publicity,suggestions are provided to solve the problem of expropriation and compensation of private property better in emergency.