Research On Judgment Standard Of Regulatory Expropriation In Germany

Regulatory expropriation refers to the excessive restriction of private property by the state through legislative acts,administrative acts or de facto acts for the sake of public interest,so that private property right holders suffer special sacrifice and should be fairly compensated.In the process of China’s transformation into a service-oriented government,it is unavoidable for the government’s administrative acts to restrict citizens’ private property rights for the sake of maintaining public interests in some cases,but excessive restrictions will infringe on private property rights and are not conducive to protecting citizens’ property rights.At present,China has not formally established a system of regulatory expropriation,and lacks clear criteria for judging regulatory expropriation,which makes it difficult for the courts to obtain fair compensation for private property rights that have been excessively restricted in judicial practice.Based on the literature research method,historical analysis method and case analysis method,firstly,we compile,study and analyze the relevant literature on the judgment standard of regulatory expropriation in Germany,and sort out the basic theory,development history and practical significance of regulatory expropriation.The second is to analyze the regulatory expropriation cases of the German Federal Constitutional Court,the Federal General Court and the Federal Administrative Court,and elaborate the diversified judgment standards of regulatory expropriation in Germany,including the standards of private use,proportionality,individual disposition,special sacrifice,predictability,and status binding,etc.,in order to accurately outline the judgment standards of regulatory expropriation in Germany.The thesis also discusses the German regulatory expropriation standards.The advantages of the judgment standards of German regulatory expropriation system are that it can effectively balance private interests and public interests and strengthen the protection of property rights,while the disadvantages are that it is difficult for the courts to reach a consensus on the judgment standards and the standards are abstract and difficult to distinguish clearly.Finally,based on the study of the judgment standard of regulatory expropriation in Germany,we propose to construct the judgment standard of regulatory expropriation in China,mainly from two aspects: on the one hand,we improve the provisions of the constitutional property rights,and improve the protection of private property rights in China through the way of expanded interpretation.On the other hand,it is to construct the judgment standard of regulatory expropriation which is based on public interest,the government has the act of restricting private property rights,and private property rights suffer special sacrifice.