行政征用的理论完善

Theory in Administrative Property Acquisition

行政征用是行政主体为了公共利益依法强制取得相对人的财产,并给予补偿的行政行为。我国的行政征用制度尚不完善。从行政征用的范围、行政征用的目的、行政征用的程序、行政征用的补偿、行政征用的救济几方面来研究行政征用的理论,并对行政征用的理论完善提出了自己的意见。

By administrative property acquisition is meant the forceful acquisition, by the government, of private property for public use with compensation made to the original owner of the property. China does not have an ideal regulatory system in this matter, hence the many disputes and conflicts. The paper analyses the construction of such a system in terms of five aspects： the range of acquisition, the purpose of the acquired property, the procedure of the acquisition, the administrative compensation for the property loss because of the acquisition, and extra relief for this loss.