1. Two premises:
A. For the public interest;
B. In accordance with the authority and procedures prescribed by law.
2. Two maintenance:
A. Expropriation of collectively owned land: maintenance Land requisitioned farmers Legal rights and interests ； B. Units, individuals' houses and other immovable properties expropriated: safeguard the legitimate rights and interests of the expropriated.
3. Two guarantees:
A. Safeguard Land acquisition Farmers' life;
B. Ensure the living conditions of the expropriated.
one expropriation for public utility Purposiveness Principle: Collection must be for the purpose of public interest. two Principle of legality Collection must be in accordance with the authority and procedures prescribed by law. 3. Fairness Compensation principle : Collection must achieve fair compensation [Collection compensation terms: lips and teeth terms of collection/collection package terms]. 1. Collection subject: only the state.
A. The Property Law does not stipulate the subject of expropriation and requisition;
B. Article 10-2 of the Constitution stipulates "the state".
2. Collection object:
(1) Real estate only:
A. Collectively owned land;
B. Houses of units and individuals and others Real estate 。
(2) Not within the scope of collection: movable property Others incorporeal property 。 1. Principle of expropriation compensation:
A. The principle of "whoever gains shall compensate";
B. Different compensation principles shall be treated differently.
2. Scope of expropriation compensation: [1]
(1) Expropriation of collectively owned land:
B. Arrange the social security expenses of the land requisitioned farmers.
C. The contracted land is expropriated: Land contractual management right People are entitled to corresponding compensation. (2) Houses and other immovable properties of expropriation units and individuals:
A. Compensation for demolition and removal shall be given according to law to safeguard the lawful rights and interests of the demolished and removed persons;
B. When expropriating individual residences, the living conditions of the expropriated shall also be guaranteed.
3. Prohibited clauses for collecting compensation:
A. No unit or individual may embezzle, misappropriate, privately divide, detain or delay the collection of compensation fees and other fees.
B. Collectively owned enterprises shall not be expropriated in violation of the limits of authority and procedures prescribed by law land 。
1. Constitution of the People's Republic of China (revised in 2004)
Article 10 Land in cities belongs to the state. [1]
Rural and Suburbia Land owned by collectives, except for those owned by the state as stipulated by law; Homestead and Private plot 、 Self retaining mountain , also belongs to collective ownership. The State may, in order to meet the needs of public interests, expropriate or requisition land and make compensation in accordance with the law.
No organization or individual may occupy, buy, sell or otherwise Illegal transfer of land 。 The right to the use of land may be transferred in accordance with the provisions of law. All organizations and individuals that use land must make rational use of land.
Article 13 The lawful private property of citizens shall be inviolable.
The state protects citizens in accordance with the law private property rights and Right of inheritance 。 The state may, in the interests of the public law It stipulates that the private property of citizens shall be expropriated or requisitioned and compensated.
2、 Property Law (2007)
Article 42 Collectively owned land, houses of units and individuals and other immovable properties may be expropriated for the sake of public interests in accordance with the limits of authority and procedures prescribed by law.
When expropriating collectively owned land, it shall be paid in full according to law Land compensation 、 settlement subsidy 、 Ground attachments And compensation fees for young crops, arrange social security fees for the farmers whose land has been requisitioned, protect their lives, and safeguard their legitimate rights and interests. The houses and other immovable properties of units and individuals expropriated shall be given Relocation compensation , safeguard the legitimate rights and interests of the expropriated person; Where an individual residence is expropriated, the living conditions of the person whose residence is expropriated shall also be guaranteed. No unit or individual may embezzle, misappropriate, privately divide, detain or delay the collection of compensation fees and other fees.
Article 43 The state exercises special protection and strict restrictions on cultivated land Agricultural land Convert to land used for building And control the total amount of construction land. Collectively owned land may not be expropriated in violation of the limits of authority and procedures prescribed by law. Article 121 Use due to expropriation or requisition of immovable or movable property Usufruct Elimination or influence usufructuary right If it is exercised, the usufructuary right holder has the right to obtain corresponding compensation in accordance with the provisions of Article 42 and Article 44 of this Law. 3. People's Republic of China China Urban Real Estate Management Law (Revised in 2007)
Article 6 For the sake of public interests, the state can levy State owned land To go up to the houses of units and individuals, and to give compensation for demolition according to law, and to safeguard the legitimate rights and interests of the expropriated; Where an individual residence is expropriated, the living conditions of the person whose residence is expropriated shall also be guaranteed. The specific measures shall be formulated by the State Council. 
