征收概念辨析——兼谈收税与收费

Analysis on the Concept of Eminant Domain

行政法学界的主流观念将征收定义为出于公益、强制无偿地取得当事人财产(主要是货币)的权力行为。这一定义既违背了关于征收概念的惯常的用法,又不能自圆其说,而且所隐含的价值取向也与法治的观念有着不可克服的矛盾。

In recent years,the widely used Chinese translation of expropriation or eminent domain refers to a kind of uncompensated coercive acts done by government,which includes taxation and charge.This has become the mainstream view in administration law society.However,such view causes some confusion and as for the concept itself,inherent contradictions that cannot be overcome exist as well.