非征收拆迁补偿协议效力认定的司法裁判及反思

Judicial Judgment and Reflection on the Validity Identification of Non-expropriation Demolition Compensation Agreement

因征收拆迁实施程序的复杂性以及启动条件的苛刻性,我国房屋拆迁逐渐形成了协议拆迁与征收拆迁并存的二元路径。协议拆迁过程中签订的"非征补协议"宜认定为行政协议。对协议拆迁过程中签订的"非征补协议"的司法审查,不应以违反征收程序而一概认定为违法,应坚持行政协议的双阶审查标准,对"非征补协议"的合法性及合约性进行全面审查。

Due to the complexity of the implementation procedures and the harshness of the starting conditions of expropriation and demolition,housing demolition in China has gradually formed a dual path of coexistence of agreement demolition and expropriation demolition.The"non-expropriation and compensation agreement"signed during the demolition process should be regarded as an administrative agreement.The judicial review of this kind of agreement should not be regarded as illegal as a violation of the expropriation procedure.Therefore,the two-stage review standard of the administrative agreement should be adhered to,and the legality and contractuality of the agreement should be fully reviewed.