物权法草案中征收征用制度的完善

关于征收征用制度,物权法草案在规则设计上须注意三个问题:一是应维持宪法关于公共利益的抽象表达,不必采用正面界定和反面排除的方法来规定公共利益的内涵;二是应区分征收、征用与拆迁等概念,分别规定征收、征用的条件与程序;三是应明确规定征收征用的合理补偿标准。

The Perfection on the Articles on Taking Over in (Draft)

The articles of (Property Law) (draft) on taking over system should be careful on following three issues: the first is they should adhere to the Constitution's abstract expression and need not to clarify the content of public interest through positive inclusion and negative exclusion; the second is they should differentiate between those concepts such as expropriation, taking over and moving out, and specify their conditions separately; the third is they should clarify the standards of rational compensation.