The Study On Requisition System Of China

Almost every country has established a system of requisition, which demonstrates the process of private property and rights being deprived and limited by public authority. Because private property and rights should be protected by restricting the public authority rather than loosening the restriction on its expanding in this process, laws should be made to restrict and regulate the public authority. Although Constitution of the People's Republic of China and Real Right Law of the People's Republic of China provided the definition, premises and compensation for expropriation and requisition, there is not a complete system. It is common that owners'property and rights have been injured when land's and houses'ownership being expropriated or requisitioned, due to incomplete expropriation and requisition system and compensation system. The impairment of property and rights intensify social contradictions. Based on the analysis of our expropriation and requisition system and the comparison with relatively complete western expropriation and requisition system, the flaws in our current system have been pointed out and suggestion on how to perfect it has been provided in this thesis. The practical significance is: 1. to regulate the expropriation and requisition system and compensation system, restrict the rights of the government, and protect citizens'legal rights; to end the chaos of the current expropriation and requisition system and compensation system, and implement expropriation and requisition system under Real Right Law of the People's Republic of China; 2. to restrictly apply the expropriation and requisition regulation and process as well as the compensation rules in order to compensate the owners fairly and reasonably for their expropriated or requisitioned property.Apart from the introduction and conclusion, this thesis could be divided into five parts: first part is the introduction of basic theories about expropriation and requisition including the definition of expropriation and requisition in foreign countries, our definition of expropriation and requisition, the features of them and the differences between them. Later, two expropriation and requisition's relations in law have been examined: one is about the relation of depriving and restricting between public authority and private rights under Public Law; the other is about the relation of the equality between the state as the authority who expropriated and requisitioned the owners'property and the owners who should be compensated by the state. Finally, the rules that should the expropriation and requisition system followed generally have been elaborated. The second part is the analysis of restriction on expropriation and requisition application from two jurisprudence aspects: the first discussion has been done from the point of how public authority restricting private rights; the second discussion has been done from the point of how to set the limitation between state's expropriation and requisition rights and citizen's property and rights. Relatively complete expropriation and requisition systems of France, Germany, America and Japan and their features have been introduced in the third part, which could be used us for reference. The forth part consists of elaboration on our expropriation and requisition system's gradual establishment, and discussion over the flaws and the areas where immediate attention needed in our current expropriation and requisition system. Finally, suggestion on how to structure our expropriation and requisition system has been put forward according to the first part of this thesis: 1. to specify the relationship between public authority and private rights; 2.to build limited government and credible government; 3. to strictly define the scope of public interests; 4. to establish fair and reasonable compensation standard; 5.to perfect the process of expropriation and requisition systems; 6.to make corresponding expropriation and requisition law according to the general rules of Real Right Law under Constitution of the People's Republic of China.