不动产征收中国家行政权的法律制约

不动产征收与国家行政权制约的关联性在于：具有明显的强制性、严格的公共利益目的性、法定程序性、补偿性。目前,我国不动产征收存在着违反公共利益原则的问题,忽视了行政权力运行的程序性,征收中的补偿机制和救济制度,侵犯了公民、法人和其他组织的私权,也使公权力的实施受到置疑。应建立不动产征收中国家行政权制约机制,完善国家权力运行机制,控制公权力,保护私权利,寻求公权与私权之间的平衡,以期缓解由不动产征收引发的公私矛盾。

The Legal Restriction of Real Estate Expropriation and State Administrative Power

The real estate expropriation is restricted by state administrative power due to its obvious enforceability, strict intention of public interest, and legal program and compensation. Now, there existed some problems of violating public interest in real estate expro- priation in China, such as ignoring operating program of administrative power and compensation and relief systems in expropriation, in- fringing on private right of the public, legal person, and other organization, which let the implementation of public power doubtful. Hence, to relieve the contradiction between the government and the public caused by real estate expropriation, the government should establish restrictive mechanism of state administrative power in real estate expropriation, improve operational mechanism of state power, control public power and protect private right, and seek a balance between public power and private right.