Research On The Normative Path Of Inverse Condemnation In China

Inverse Condemnation means that the state,through legislation,the formulation of administrative norms,administrative decisions or administrative facts,imposes excessive restrictions on private property rights due to the needs of public interests,causing the property rights owner to suffer special sacrifices and should be compensated,that is,the compensable property rights limitation in public law.Although the Inverse Condemnation system has not been formally established at the legislative level,and the Inverse Condemnation and its related concepts are only academic concepts,in reality,whether it is laws,administrative norms at all levels,or specific administrative actions,restrictions on citizens’ property rights are extensive.Existing,many of these limitations have gone beyond the social obligations of property rights,resulting in special sacrifices for property owners who,in most cases,have no access to effective legal remedies.The imperfection of the relevant system of Inverse Condemnation makes the administrative subjects and judicial organs lack a clear basis for behavior,which makes it hard for property owners to obtain fair compensation.Therefore,this paper follows the concept and theoretical basis of Inverse Condemnation in China,the current situation review,and the ideas of experience for reference,and then puts forward suggestions on the construction of a standardized path for Inverse Condemnation in China,in order to effectively protect citizens’ legal property rights.This article is divided into four chapters besides the introduction.The first chapter focuses on the basic theory of Inverse Condemnation,and clarifies the concept and theoretical basis of Inverse Condemnation.Through conceptual analysis,the concept of "Inverse Condemnation" is chosen to represent the excessive restriction of property rights that should be compensated in China,and the connotation of Inverse Condemnation conforms to the legal environment of our country,and it has four core characteristics.Inverse Condemnation arises from the ternary structure of property rights,which is a further development of the theory of Social Obligations of Property Right and the theory of Police Right,and has its own value tendency.The second part focuses on the current legal predicament of Inverse Condemnation in my country.On the one hand,the normative basis for Inverse Condemnation in my country is relatively lacking,and on the other hand,there have been various types of Inverse Condemnation situations in reality.Special sacrifice.The lack of legal resources restricts the role of judicial relief to a considerable extent,and makes it difficult for property owners to obtain compensation.The third part is the experience reference of the Inverse Condemnation regulation path.The focus is mainly on the United States and Germany,which have relatively complete Inverse Condemnation systems,and analyzes the representative Inverse Condemnation normative paths of the two countries,mainly from three aspects: formation path,identification and judgment path,and relief path.Selectively absorb good practices from outside the region,in order to provide a possible way for my country to solve similar problems.The fourth part is specific suggestions for the construction of the standard path of Inverse Condemnation in my country.First,the Inverse Condemnation system should be established at the legislative level as soon as possible,the related concepts of Inverse Condemnation should be elevated to legal concepts,and the principle of legal reservation of Inverse Condemnation should be established.This is the premise of building a standardized path for Inverse Condemnation;Third,under the principle of complete compensation,a compensation system for Inverse Condemnation should be initially established from three aspects: compensation scope,standard and method.