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凯洛案后,美国联邦政府和大部分州政府通过立法与司法等活动,来限制经济发展型征收活动,以保护公民的财产权免受国家征收权的侵犯。但由于经济发展型征收具有一定的合理性,实际上,此类征收在美国仍大量存在。这种矛盾现象主要是由美国社会对经济发展型征收的担忧与经济发展型征收的客观需要之间的冲突而产生的。我国目前也存在类似的矛盾,因此,需要比较我国与美国在这一问题上的相同与差异之处,确定我国经济发展型征收的要求,保护公民的财产权利免受不当征收的侵犯。
After the case of Kellogg, the federal government and most of the state governments in the United States adopted such activities as legislation and judicature to restrict the economic development-type collection activities so as to protect citizens’ property rights from being violated by the State. However, due to the economic development of the collection of a certain rationality, in fact, such collection is still a large number in the United States. This contradiction is mainly caused by the conflict between the fears of the United States on the imposition of economic development and the objective needs of the levying of economic development. Similar contradictions exist in our country. Therefore, we need to compare the differences and similarities between China and the United States on this issue, determine the requirements for the levying of economic development in our country, and protect the citizens’ property rights from being infringed upon by inappropriate expropriation.