Defining Standard Case Studies Of Regulatory Taking In China

Citizens ’property rights,as a civil right necessary for citizens to maintain production and conduct social activities,should be adequately protected.However,in order to maximize the welfare of the whole society,the state often imposes various restrictions on citizens’ private property through administrative powers.The typical way to restrict citizens’ private property is expropriation and expropriation.However,with the increasing complexity of social operations and the continuous expansion of government power,the government has increasingly restricted citizens’ private property based on the maintenance of public interests,and the conflict between public welfare and private interests has become increasingly acute.Traditional expropriation and expropriation have been unable to meet The state’s need to safeguard public interests can not better regulate the contradiction between public welfare and private interests,and regulatory taking has begun to emerge as a new administrative means.After the United States passed the "Mahon case",a regulatory collection system began to emerge,and after subsequent jurisprudence,the system was perfected and developed.At the same time,the system has also been established in other countries and regions.Although China currently does not have a clear regulatory taking in law,a large number of laws and regulations restricting the private property rights of citizens in China have the nature of regulatory taking,and cases of regulatory collection have emerged in practice.Therefore,the establishment of a regulatory taking system in China and the clarity of its defining standards are of great significance in resolving the conflict between public interest and private interest in China’s real cases.This article focuses on the definition of regulatory taking.By sorting out the provisions and cases of regulatory taking in China ’s existing laws and regulations,and drawing on advanced foreign theories to build a definition of regulatory taking that meets China ’ s national conditions,it will The smooth implementation of the regulatory taking system has laid the foundation.This article is divided into four chapters in addition to the introduction and conclusion.Chapter 1 introduces the basic theory of regulatorytaking expropriation.By tracing back to the origin of regulatorytaking expropriation,the characteristics and value of regulatorytaking expropriation are analyzed to demonstrate the significance of the regulatorytaking expropriation system for modern social governance and the protection of private property of citizens.Chapters 2 and 3 focus on the summary of laws and regulations and cases of the nature of China’s regulatory takingexpropriation,supplemented by foreign cases for comparison in order to summarize the core meaning of the definition of regulatory expropriation.Chapter 4 uses the above analysis and discussion to construct the definition of regulatorytaking in line with China’s national conditions in combination with China’s actual conditions.