房屋征收与补偿行政争议中“利害关系”的认定——乔良诉滁州市南谯区人民政府案评析

On the“Interest”in the Administrative Dispute of House Acquisition and Compensation——Exemplified by“Qiao Liang”Case

我国《国有土地上房屋征收与补偿条例》将房屋征收与补偿行政争议中具有原告资格的主体规定为被征收房屋所有权人,而乔良案中法院通过肯定乔良对房屋的占有、使用、收益等权利承认了其与被诉行政行为具有“法律上的利害关系”。虽然法院的说理有待完善,但仍是对“利害关系”认定的一次突破。结合相类案例和学界理论,具体认定“利害关系”时应考虑起诉人是否有值得保护的合法权益,合法权益是否受到被诉行政行为的影响以及权益受到影响与被诉行政行为是否具有因果关系。

Regulation on the Expropriation of Buildings on State-owned Land and Compensation clears that the subject with plaintiff qualification in the administrative dispute of house acquisition and compensation will be the owner of the house which has been expropriated,while the court affirmed Qiao Liang’s rights of possession,use and income of the house in Qiao Liang’s case,which had a legal interested relationship with the administrative action of being sued.Although the reasoning of the court needs to be improved,it is still a breakthrough in the determination of interested relationship.Combining the relevant cases and academic theories,we should consider whether the plaintiff has legitimate rights and interests of deserving protection,whether the legitimate rights and interests are affected by the administrative action of being sued and whether there is a causal relationship between the affected rights and interests and the administrative action of being sued when we determine the interested relationship specifically.