管制性征收法律研究房地产法专业论文.docxVIP

1 1 2 2 Abstract Property right, a very important civil right, is the basics of human surivival and taking on various civil activities. In modern times, the limits imposed on the proterty right become more and more frequent, while condemnation on the private property is one of the most important limits. Along with condemnation in western country is from classical collection development to expanding collection, the purpose imposed on property right is from public use expansion to public need and the category is from directly deprived to limits. It indeicates that modern condemnation has been undergone many changes on method, category and scope. Regulatory takings is a typical example. U.S. is the earliest established it by a series of judicial precedent. Later on the other countries, such as Germany, South Korea, Canada, and Taiwan also have built regulatory takings in order to provide remedies to property owners. Our country has many similar situations but this system in our crininal law is still a blind spot. It should be established a set of operable regulatory takings system and get the legal confirmation in order to protect property rights of citizens. The first part，it is found that there are many circumstances in our country which should be regarded as regulatory takings, based on the view of governmental behaviors, related laws and regulations. Government regulation on the property rights of citizens causes by excessive restrictions, resulting in some minority people to undertake the social and public interests. It is obviously unfair, and we should be give compensation to the limited property rights. But the relevant laws and regulations does not have any legal relief and compensation terms. We should make the legal relief in order to propect the property rights of citizens. In the second part of this article mainly introducts about regulatory takings of the origin, content, and jurisprudence analysis. In the third part, the regulatory takings systems of U.S