论物权征收的实质

Essence of Property Collection

物权征收的实质在于国家以行政权力拥有者的身份通过国有化而实现公共利益,其价值基础是分配正义而非交换正义。物权征收属公法领域命题,核心在于对行政权力的限制而非被征收人的所有权社会化,征收问题的私法化是困扰征收理论与实践的症结。应该以公共利益实现作为征收制度创新的逻辑起点,具体表现为:我国应该强调立足于公有制促成公共利益之实现,而将征收作为例外手段,征收过程中树立"房屋优先于土地"的思想以保障被征收人权益;征收的启动及完成都要接受公共利益之检测;征收补偿应该充分考虑被征收人对公共利益之贡献。

The essence of property collection lies in that the country want to realize the public interests by nationalization as the owner of administrative power,and its value is based on the distributive justice,not exchange justice.The proposition of property collection is a field of public law,the core of which lies in the restrictions on executive power rather than the socialization of ownership,and the crux of the theory and practice of which is the private law of property collection.The achievement of public interest should be imposed to institutional innovation as the logical starting point,specifically as fo-llows.China should emphasize to promote the public interest based on realizing public ownership,collection should be an exceptional means,and the collection process should establish the thought of ＂housing first on the land＂ to safeguard the rights and interests of the expropriated in the collection process.Start and completion of the collection will have to accept the detection of public interests,and compensation should take full account of contribution of the expropriated to the public interests.