1. Essence of Property Collection.
- Author
-
Wang Yun-Bo and Wang Fu-You
- Subjects
PUBLIC interest ,GOVERNMENT ownership ,DISTRIBUTIVE justice ,EXECUTIVE power ,SOCIALIZATION - Abstract
The essence of property collection lies in that the country want to realize the public interests by nationalization as the owner of administrative power, and its value is based on the distributive justice, not exchange justice. The proposition of property collection is a field of public law, the core of which lies in the restrictions on executive power rather than the socialization of ownership, and the crux of the theory and practice of which is the private law of property collection. The achievement of public interest should be imposed to institutional innovation as the logical starting point, specifically as follows. China should emphasize to promote the public interest based on realizing public ownership, collection should be an exceptional means, and the collection process should establish the thought of "housing first on the land" to safeguard the rights and interests of the expropriated in the collection process. Start and completion of the collection will have to accept the detection of public interests, and compensation should take full account of contribution of the expropriated to the public interests. [ABSTRACT FROM AUTHOR]
- Published
- 2012