Research On The Optimization Of The Property Expropriation System In The State Of Emergency

Of the new crown pneumonia,which has a great impact on the world,and the lives and health of the people are seriously threatened.In response to the menacing COVID-19,many countries have declared a state of emergency in order to control the spread of the epidemic and restore social order.In the early stage of the outbreak,the national reserve materials,equipment and facilities can not meet the needs of epidemic prevention and control,and the gap can only be filled by property expropriation.However,in a state of emergency,in order to quickly control the danger,it is easy to ignore the legitimacy of the purpose of property expropriation,the legitimacy of procedure and the fairness of compensation.The system of property expropriation is more limited to the normal state,and there is a lack of relevant provisions in the state of emergency.There is a contradiction between the needs in practice and the lack of system.The author will focus on this contradiction,look for the root causes of the contradiction,and put forward solutions to the contradiction,hoping to provide some ideas for the improvement of relevant systems.Firstly,starting with the concept,this paper makes clear the relevant concepts of property expropriation system in emergency,such as emergency,property and property rights,property expropriation and so on;Secondly,it analyzes the theoretical basis of property expropriation in emergency.The theory of state emergency right,the theory of public interest priority and the theory of restriction of basic rights solve the problem of why the state can expropriate citizens’ private property in a state of emergency.Fair compensation theory and due process theory solve the problem of how to restrict property expropriation.Next,it analyzes the problems existing in the property expropriation system under the state of emergency.From the perspective of the main body,there are inconsistent provisions in laws,administrative regulations and local regulations.From the perspective of the subject matter,there is a problem that the scope of the subject matter of property expropriation is not clear.From the perspective of procedure,there is a lack of procedural provisions on property expropriation in emergency in laws and administrative regulations,and there are defe--cts in relevant provisions in local laws and regulations.From the perspective of compensation,there are some problems such as unclear compensation principles and standards and ignoring the participation of the opposite party.From the perspective of relief,there are many relief cases and few relief ways.Finally,in view of the problems existing in the property expropriation under the state of emergency,the solutions are put forward one by one.First of all,we should unify the subject of property expropriation under the state of emergency,distinguish the decision subject and the implementation subject,and clarify the scope of authority.Secondly,we should clarify the scope of property expropriation under the state of emergency,and exclude the scope of property expropriation from production capacity,labor services,non-state-owned property and one-time consumables.Then we should refine the process of property expropriation under emergency,and improve the decision procedure,implementation procedure and compensation procedure.Then we should clarify the compensation principles and standards of property expropriation under the state of emergency.Finally,we should strengthen supervision,improve the awareness of expropriation according to law,reduce the occurrence of relief cases and broaden the ways of relief.