How is it fair and reasonable to expropriate citizens immovable or movable property?

Mondo Social Updated on 2024-01-31

Article 117 of the Civil Code: Where immovable or movable property is expropriated or requisitioned in accordance with the authority and procedures prescribed by law for the public interest, fair and reasonable compensation shall be given.

What is necessary for the public interest?What are the powers and procedures provided for by law?What is fair and reasonable?These issues are of concern to every citizen. First of all, the need for the public interest refers to the need to take certain measures or actions in order to safeguard the public interest and public safety. These measures or actions may involve the legitimate rights and interests of citizens, legal persons and other organizations, and therefore need to be carried out in accordance with the law.

Secondly, the authority and procedures prescribed by law refer to the authority and procedures prescribed by law when measures or actions are taken in the public interest. These competencies and procedures are intended to ensure the legitimacy and impartiality of measures or actions, as well as to protect the legitimate rights and interests of citizens, legal persons and other organizations. In practice, if an administrative organ wants to take measures such as restricting the personal freedom of citizens, legal persons, and other organizations, or sealing, seizing, or freezing assets, it must do so in accordance with the authority and procedures prescribed by law.

Finally, fairness and reasonableness are the basic principles that administrative organs must follow when taking measures or actions. Fairness means that when an administrative organ takes measures or actions, it must treat different parties equally and must not discriminate against or favor any party. Reasonableness means that when an administrative organ takes measures or actions, it must conform to common sense and actual conditions, and must not abuse its power or violate the purpose of the law.

In summary, when taking measures or actions necessary for the public interest, they must comply with the authority and procedures prescribed by law, and follow the basic principles of fairness and reasonableness. At the same time, citizens, legal persons and other organizations also have the right to supervise the acts of administrative organs and to safeguard their legitimate rights and interests through legal channels.

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