Research on the Constituent Elements of Regulatory Collection

Abstract

Regulatory expropriation refers to that although the government did not make a clear expropriation and requisition of the citizens 'private property, but due to the needs of public interests, the citizens' private property rights are restricted to a certain extent and should give appropriate compensation. At present, there is no relevant law on regulated expropriation in China, but due to the substantive use of land by administrative organs, the damage to the rights and interests of the regulated persons and the disputes increase. But in judicial practice, the court's judgment has reflected the constitutive elements of regulatory collection, clear regulatory collection should have the purpose of the public interest, the fact of impaired rights, control process, fair compensation of the four elements, absorb the kernel of the typical case, and promote the judicial application, safeguard the interests of the individual.