Constitution Expropriation Compensation System

The safeguard of private property is very important. In modern China, it becomes consensus to enhance the safeguard of private property. In western countries, for the safeguard of private property, it is more important to pay just compensation to private individual whose property is taken.Taking has two characters: complying with statute; due to public interest. So the property of private is more liable to be ignored and damaged. Then the system of taking and compensation is essential to the safeguard of private property, how to the safeguard of private property in western constitutions is taking and compensation in fact. So the clause of the taking and compensation isprescribed inall of the western constitutions. The safeguard of private property, taking and compensation are inseparable in the constitutional system.In modern western constitutions, " taking" has wider meaning than that in Chinese constitution, so as to the safeguard of private property. The taking" means the legitimate act of public agency, subject to paying just compensation.In China, " taking" in modern western constitutions is named ' eminent domain' by scholars, which can only contain the meaning of " taking" before 20c. And without the leading of the constitution, the system of the taking and compensation is very disorder. It can not play the role of remedying the loss of the private and preventing the undue takings of the private property.So the scholars must pay more attention to the theory of taking andcompensation; and the legislations of the constitution and law of taking and compensation must be perfected; idea must be renovated, market economy must be developed, the politics must be reconstructed, so as to safeguard of private property fully.