土地征收征用中的程序失范与重构 |
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摘 要: |
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The injustice and reconstruction of procedures in eminent domain and land acquisition |
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Authors: | Jie Cheng |
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Institution: | (1) Law School of Tsinghua University, Beiing, 100084, China |
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Abstract: | Eminent domain should be regulated, the key to which is procedural restraints. Initiating procedure can organize, adjust,
and setup a system of due process for claiming land acquisition, which serves to facilitate bargaining for an objective price.
Since the exclusivity of property rights is affected by eminent domain power, applying transaction rules in the market to
assess the fairness of the compensation is difficult. Currently, the procedural injustice is the key to the abuse of eminent
domain powers, and the procedural deviation reflecting in laws and guarantees are either too vague or absent. Thus it is proposed
that an institutional reform should include procedural openness, liability for procedural errors and disposition of judicial
review in advance, with the aim to guarantee the legitimacy, effect, and security of land acquisition.
CHENG Jie, professor in constitutional law, works at the law school of Tsinghua University. Prof. Cheng got her Ph.D of law
from the law shool of Peking University. Her research covers: Open government and constitutionalism, freedom of the press,
land taking and eminent domain power, and the Basic Law of Hong Kong. During the years of 2003–2004, she was a Fulbright visiting
scholar at Yale Law School, focusing her studies on freedom of information and information security issues. In academic research,
her recent publications are Open Government under Law-Essence of Constitutionalism (2002), Judicial Review in Land Taking Disputes (2004) and Dual Track Politics of Judiciary in Hong Kong (2006) |
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Keywords: | property right power of eminent domain effect due process |
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