公益征收补偿法理基础探讨

Discussion on Jurisprudential Basis of Compensation on Levy for Public Interest

公益征收补偿的法理基础,经历了一个漫长的讨论和论证过程,无论国外还是国内,诸多学者都试图建立起自己的理论蓝图,来解释公益征收补偿的合理性。公共负担平等说、特别牺牲说、不当得利说等,都从不同视角对征收补偿进行了阐释,也取得了不同范围内的认同。但是以上学说似乎都未能摆脱法学理论范畴的局限,引入经济学上的公共选择理论,可以从一个全新的视角来审视公益征收补偿法理基础。

Jurisprudential basis of compensation on levy for public interest has gone through a long process of discussion and proof. Many scholars of both overseas and domestic have tried to establish a blueprint for their own theories to prove their interpretations of the reasonableness of the levy for public interest. Theories, including equality of public burdens theory, special expense theory and unjust enrichment theory, have interpreted the issue of compensation on levy for public interest from different perspectives and been recognized within certain fields. But all the mentioned theories seemed to have failed to shake off the yoke of jurisprudential theory. By introducing the public choice theory of economics, the jurisprudential basis of compensation on levy for public interest could be studied from a totally new angle