论公益征收的补偿原则

On the Compensating Principle of Public Interests Collection

公益征收补偿原则是公益征收制度的最为核心的问题,行政补偿应以民法赔偿范围为基础,以充分填补当事人损失为原则。我国的法律制度公民财产权的补偿原则和标准方面存在着诸多缺陷,基于公益征收之特殊性及现实条件限制,现实的补偿只能是不断接近理想补偿的公正性补偿。

Based on the juridical analysis and systematic investigation of the compensating principle of public interests collection, this paper suggests that administrative compensation should be carried out on the ground of the compensation under the civil law and aim at making up for the loss of the party concerned as much as possible. It also points out that considering the specialty and the practical condition of the public interests, the compensation in reality can only be a just one that is becoming more and more ideal.