行政诉讼还是民事诉讼:征收补偿数额争议之解决

Administrative Litigation or Civil Litigation: Solution to Disputes over the Amount of Compensation for Expropriation

我国征地恶性事件频发的重要根源在于,补偿数额争议实际上无法诉诸司法过程有效解决。这不仅仅是因为司法权威、能力不足的系统性缺陷;更是因为我国补偿数额争议诉讼制度自身还存在着根本性的弊病。此类争议被错误地视作行政争议、纳入行政诉讼,导致相关争议即使进入诉讼、并获得胜诉,也并无太大意义。而实质上,征收补偿是一种特殊的侵权责任,而非"合法"行为引起的行政责任;征收补偿数额争议的性质,与征收决定争议、征收执行决定争议截然不同,属于典型的民事争议。因此,应根据补偿数额争议的性质及我国实情,确立法院对补偿数额争议的裁判权,赋予法院确定补偿数额的权力。

The root cause of the frequent occurrence of vicious incidents appropriation of land in China is the lack of effective judicial remedy in disput resulting from es over the a- mount of compensation, which, in turn, is caused not only by such institutional defects such as the lack of judicial authority and capability, but also by the fundamental defects in the litigation system for the settlement of dispute over the amount of compensation. Such disputes are incor- rectly treated as administrative disputes and brought into the scope of administrative litigation. As a result, even if a party to such a dispute succeeds in bringing the dispute into litigation pro- cedure and in winning the lawsuit, the outcome of the litigation has little meaning for him. In essence, compensation for appropriation is a special kind of tort liability, rather than adminis- trative responsibility resulting from ＂lawful＂ act. Disputes over compensation for appropriation is totally different from disputes over decision on appropriation or on the execution of appropria- tion in that the former are typical civil disputes. Therefore, China should, in light of the nature of disputes over compensation and the actual situation in the country, establish the court＇ s pow- er to try cases of disputes over compensation for appropriation and to determine the amount of compensation.