法理的救赎——互惠原理在管制性征收案件中的适用

The Redemption by Jurisprudence: The Application of the Reciprocity Rationale to Regulatory Impostion Cases

政府管制的利益不可能匀质分布,很容易遭到管制性征收规则的阻遏。互惠原理可以适当磨平征收规则的刚性棱角,在法理上扮演救赎的角色。互惠原理在美国经历了经济互惠和社会互惠两个阶段,分别形成各自的规则。北京的汽车单双号限行常态化措施符合社会互惠原理,不构成管制性征收。

The benefit of government regulation cannot be distributed homogeneously, which is easily pre- vented by the rules of regulato tion, where the Jurisprudence ry pl imposition. The reciprocity rationale can properly soften the rules of imposiays a redemptive role. The Reciprocity Rationale in America has been through two stages-economic reciprocity and social reciprocity, which separately form its own rules. The normalization of even-odd license plate method in Peking is consistent with the rationale of social reciprocity, and thus does not constitute a regulatory imposition.