物权法中的若干行政法问题

On Several Administrative Law Issues in Property Law

物权法中涉及到许多行政法问题:对于公共利益的规定涉及到公权力的干预基础的讨论;行政私法的内容与“公法遁入私法”现象相关联;基层群众性自治组织对于财产的支配与间接国家行政相连;公民在物上的权利实际上为典型的主观公权利;特别牺牲和唇齿条款是征收征用补偿的前提条件;不动产登记行为显示的是公权力的介入;物权法对于行政公产的规定成为关键的阙失。

There are many elements of administrative law in the Real Right Law. The regulations on the public interests concern the base of interference of public powers. Administrative private law has also spread to the area of private law. There is connection between the control of the property imposed by self- ruling organization of the lowest- level community and the indirect state administration. The right upon the property of citizens are subjective rights essentially. Special sacrifice and joint-clauses are the presumption of compensation of requisition. The public power also comes into the field of the register of real estate. The Real Right Law is lack of the regulations of administrative property.