| Multiple factors need to be considered under property taking:local economy is influenced;industrialization and urbanization may be impacted;the interest of property owners and the commercial benefit of developers are concerned as well.The passage of "Regulation on the Expropriation of Buildings on State-owned Land and Compensation" shed new light upon the Expropriation process—it to some extent mitigated the conflict between eminent power and private property rights,and it provides guidance for governmental property taking actions.Nevertheless,the current property taking system has its own flaws:interest conflict and perspective discrepancy continues;the regulation system needs to be refined as we accumulate experience from practice with time going.The first chapter of this article is a brief analysis of the rationales and practical design of China’s compensation system of property taking on state-owned land,which leads to the conclusion that property taking is not only about the property,but also about the taking of right to use state-owned land.To avoid undue harm on individual’s property right,government needs to make reasonable compensation for the property that is being taken.The second chapter bases its analysis on some problems in real practice and focuses on the loopholes of China’s current compensation system:the absence of higher authorities;the overly narrow scope of compensation;the low standard and limited methods;the lack of clear regulation on the taking procedure.The third chapter introduces the relatively mature taking practice in Japan,Germany and France and applies it under China’s current situation.The last chapter contains some proposals to the existing property taking regulation,which includes passing Compensation of property taking Law,legalize taking procedure,and providing more sophisticated remedy solutions. |
