征收补偿中的行政委托与民事委托“趋同化”现象探究

Research on the Phenomenon of “Homogeneity” Between Administrative Entrustment and Civil Entrustment in the Expropriation and Compensation

在补偿协议成为行政协议之后,征收部门委托实施单位的行为属性应当由民事委托转变为行政委托,但该委托行为仍存在诸多"趋同"于民事委托的现象,委托行为性质的变化必然导致法律规则适用的改变。征收部门的委托行为应当在补偿协议的缔结、委托的依据、受托主体以及委托合同的订立等均需要从"意思自治"层面回归"依法行政"轨道。

Since the compensation agreement has become an administrative agreement,the act of the building expropriation department designate the building expropriation implementing should be changed from civil entrustment to administrative entrustment. However, it still shows＂homogeneity＂with the civil entrustment in many fields. The change of the nature of the entrustment behavior must lead to the changes of the applicable rules. Therefore, the entrustment behavior of the expropriation of buildings land and compensation should be discussed under the theory of administrative behavior. Signing compensation agreement,entrustment law,commissioned body and the agent entrusted by the principal and agency contract signed signing entrustment contract should all need transform the aspect of＂autonomy of will＂into＂the Administration by Law＂. Only follow this way,it is possible to ensure that the expropriation and compensation of public welfare.