论我国警察征用

A Research on the Issue of Police Expropriation in China

2004年宪法修正案的征收、征用补偿条款,规定了对公民的私有财产实行征收或者征用要给予补偿,这将对保护公民的财产权产生重要影响。虽然现行法律中没有明确的警察征收、征用制度,但我国警察征用一直是个客观存在的社会实践,因此,在完善宪法对私有财产权保护的法律体系时,研究警察行政法中的警察征用法律制度有着独立的重要意义。

The 2004 constitution amendments have a provision on forced renunciation and expropriation, stipulating that 'Any renunciation and expropriation made by government for people's private property should be compensated.' This provision is bound to play an extraordinary role in protecting people's property right. Although the current laws in effect have no statutes regulating individual area of forced renunciation and expropriation, police expropriation as an objective social practice exists all the way. Therefore, when legal system are being improved on the constitutional protection of private property right, close attention should be paid to researches on police expropriation system in police administrative law as it has independent significances in itself.