论行政补偿诉讼制度的构建意义

Significance of Constituting the System of Administrative Compensatory Lawsuit

转型时期国家权力全面介入社会经济生活,政府服务职能的扩张,使公共利益与私人利益间的摩擦冲突不可避免,行政补偿作为平衡公益与私益冲突的重要机制应运而生。对于行政补偿纷争,应当建立相应的司法救济制度,以抑息纷争。行政补偿诉讼制度的构建,对于宪法的实施、行政补偿制度的完善、行政诉讼法律制度的发展以及促进社会和谐具有积极意义。

In the period of ongoing transformation of the society, the state power has responsibly intervened in every aspect of social and economic life of the whole country. And With the expansion of the governmental function ,it cannot be avoided that the public interest conflicts with the private interest. Therefore, the administrative compensation practice has been introduced into our legal and public business to cope with such conflicts. For disputes over administrative compensation , a corresponding judicial relief system should be established to solve them. The constitution of the system of administrative compensation lawsuit will invariably have a very positive significance on the implementation of the constitution , on the perfection of the administrative compensatory system , on the development of the administrative lawsuit legal system and on the promotion of the harmony of society.