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“构建和谐社会,是我们党所追求的全面建设小康社会的重要目标。”这是在党的十六届四中全会通过的《关于加强党的执政能力建设的决定》中所明确提出的。和谐不仅包括人与人之间的和谐,还包括人与自然之间的和谐,构建和谐社会的关键就在于协调各方利益,化解矛盾,使社会处于一种有序的动态平衡之中。行政征用作为一种具体行政行为,要求个人利益在公共利益面前作出适度让步,但这种让步不是无偿的,否则会造成行政权对个人利益的无限度侵害。行政征用补偿制度实际上就是在“公益”和“私益”之间构建一种平衡,既保障国家行政权的顺利行使,又同时兼顾公民的财产权。可见,完善的行政征用补偿制度可以充分协调好双方利益,对于我国和谐社会建设大有裨益。本文对我国行政征用补偿制度进行了简要介绍,并将之与国外的相关制度进行比较分析,以期能借助现有有利因素对该制度进行完善,只有如此,我们才能真正的实现权力与权利的平衡,即充分解决好行政征用权与公民财产权之间的冲突,以公平合理之补偿保障公民的合法权益和行政效率,最终实现共同发展。
“Building a harmonious society is an important goal pursued by our party in building an overall well-to-do society.” This was clearly stated in the “Decision on Strengthening the Building of the Party’s Ability to Govern” adopted by the Fourth Plenary Session of the 16th CPC Central Committee of. Harmony includes not only the harmony between people, but also the harmony between man and nature. The key to building a harmonious society lies in coordinating the interests of all parties and resolving conflicts so that the society is in an orderly dynamic balance. As a specific administrative act, administrative requisition requires individual interests to make modest concessions in the public interest, but this concession is not free, otherwise it will cause an unlimited infringement of personal interests by administrative power. In fact, the system of compensation for administrative expropriation is to establish a balance between “public welfare ” and “private benefit ”, which not only guarantees the smooth exercise of the administrative power of the state but also takes full account of citizens’ property rights. Thus, a sound system of compensation for administrative requisitioning can fully coordinate the interests of both parties and is of great benefit to the construction of a harmonious society in our country. This article briefly introduces the compensation system of administrative requisition in our country and compares it with that of foreign countries in order to improve the system by means of the existing favorable factors. Only in this way can we truly balance the power and the right , That is, the conflict between administrative requisition right and citizens’ property rights should be fully solved, and the fair and reasonable compensation should be used to protect the legitimate rights and interests of citizens and administrative efficiency so as to eventually achieve common development.