论土地征收中的被征收人行政救济权保护

On the Protection of the Acquiree's Rights to Administrative Remedy in Land Acquisition

虽然我国被征收人行政救济权的保护有所进步,但是仍然存在缺陷。由于欠缺征收目的公共利益范围的判断标准、征收决定无效的范围存在遗漏、行政救济权的主体范围狭窄、被征收人可以申请行政复议或者提起行政诉讼的理由不明确,以及被征收人对征收决定不服时必须先申请行政复议,导致被征收人行政救济权的运用障碍。另外,将征收补偿安置决定也纳入被征收人行政救济权客体范围,导致其范围过大。为了和平地解决土地征收纠纷,避免出现恶性事件和大规模群体性上访事件,有必要采取以下完善措施:比较清楚地规定公共利益的范围、扩大征收决定无效的范围、扩大拥有行政救济权的主体范围、明确规定被征收人可以申请行政复议或者提起行政诉讼的理由、取消行政复议程序前置的规定,以及赋予被征收人对征收补偿争议的民事救济权。

The protection of the acquiree's rights to administrative remedy has made some headway, but its defects are self-evident, as demonstrated by the lack of judgment criteria for the scope of public interests in land acquisition, the omission of the invalid land acquisition decision, the narrow scope of the subject's right to administrative remedy, the unclear reason for the acquirees to apply for administrative reconsideration or bring an administrative lawsuit, and the pre-administrative reconsideration procedure on the part of the acquiree not obeying the land acquisition decision. All these cases will result in some obstacles to the acquiree's rights to administrative remedy. It will also lead to some problems if the expropriation compensation and placement decision are incorporated in the scope of the acquiree's rights to administrative remedy. In order to peacefully resolve the land acquisition dispute, and avoid the malignant event and mass incidents, the following measures are necessarily taken. Firstly, the scope of public interests should be more clearly defined; the scope of invalid land acquisition decision and the subject's right to administrative remedy should be expanded. Secondly, the reason for the acquiree's application for administrative reconsideration or administrative lawsuit should be clearly listed. Thirdly, the pre-administrative reconsideration procedure should be canceled and the acquiree should be granted the right to civil remedy for the expropriation compensation dispute.