对不动产征收的私法思考

Thinking about the Real Estate Expropriation from the Perspective of Private Law

不动产征收已成为频频发生的社会法律现象。但是 ,作为公权力行使之一的不动产征收行为与人们享有的财产所有权和他物权利益之间的冲突日益凸现。解决这一冲突的基本思路应当是在从私法的角度正确认识不动产征收行为的法律性质的前提下 ,在正确理解不动产征收与不动产征用关系的基础上 ,在重新审视现行不动产征收的制度的理论反思中 ,重新设计一个具有法律制约的不动产征收制度体系。

The expropriation of real estate has become legal phenomena happening frequently in the society. However, the conflicts between the act of expropriating real estate, one of the public powers, and people's ownership of their property and the interests of jura in re aliana have increasingly become obvious. The basic idea of solving this problem is to redesign a system of real estate expropriation with legal restriction, under the premise of correctly knowing the legal nature of the act of expropriating real estate from the perspective of private law, and correctly understanding the relationship between real estate expropriation and real estate confiscation, and in the theoretical introspection of rescanning the existing institution of real estate expropriation.