The difference between the right of priority use and the right of emergency expropriation

Administrative expropriation in the judicial interpretation of the principle of political use of lawful determination of the public **** need; then is fair compensation for the loss of the expropriated person; and must be compensated before expropriation can be carried out in accordance with the law of the expropriation, and at the same time in the expropriation of the need to provide the appropriate documents before the expropriation.

Legal Analysis

The similarity between expropriation and expropriation is that they are all for the needs of the public **** interests, according to the law and under the premise of compensation, the restriction or deprivation of citizens' right to property; their difference is that expropriation generally refers to the restriction or deprivation of citizens' right to property ownership, while expropriation only refers to the right of citizens' right to use property. The temporary deprivation of (and return after use), expropriation is mostly applicable to the state of emergency or military, war and other special emergencies. Administrative expropriation, is the administrative subject by virtue of the state administrative power, according to the needs of the state and social public **** interests, according to the law to the administrative relative compulsory, gratuitous collection of a certain amount of money or in kind of administrative behavior. Traditional expropriation is characterized by: (1) the object of expropriation is mainly land and other real estate; (2) the form of expropriation is an administrative act; (3) the purpose of the expropriation of public utilities, especially highways, railroads, and other infrastructure construction projects; (4) the traditional expropriation of the full compensation element, and most of the compensation in advance. Administrative expropriation, is the administrative subject for the public **** interests, according to the provisions of laws and regulations, mandatory acquisition of the administrative relative's property ownership, the right to use or labor and give a reasonable economic compensation for a specific administrative act. Comprehensive above, administrative expropriation of administrative needs for the public **** based on the mandatory acquisition of other people's property, for this behavior must comply with the principles of the state compensation, so as to make the first compensation after the expropriation of the legitimate rights and interests of the expropriated people, so, in the processing of the time should be combined with the actual situation, for the expropriation of the compensation costs can not be lower than the original standard of living.

Legal basis

The Constitution of the People's Republic of China Article 13 The lawful private property of citizens shall be inviolable. The State shall, in accordance with the provisions of the law, protect the private property rights and inheritance rights of citizens. The State may, in the interests of the public, expropriate or requisition the private property of citizens in accordance with the provisions of the law and pay compensation for such expropriation or requisition.