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一般情形下,政府宣布征收或者提起征收诉讼的时间是征收规范的效力启动时间。政府有时为了减少补偿或者不补偿,会用征收以外的其它方法达到征收目的,或者操控拟征收不动产的市场价值。此时,征收规范的效力应该前移,即政府宣布征收或者提起征收诉讼以前,征收规范的效力就已发生,如此有利于保护私有财产权。美国法通过判例发展出来的上述规则,对中国法有借鉴意义。
In general, the time when the government announced the collection or lodging of a lawsuit was the start-up time for the effectiveness of the levy norms. In order to reduce or not compensate the government, the government may sometimes use other methods to collect the land, or control the real market value of the real property to be levied. At this point, the effectiveness of the levy norms should move forward, that is, before the government announced the collection or lodge a lawsuit, the effectiveness of the levy norms has occurred, which is conducive to the protection of private property rights. The above rules developed by the American law through the jurisprudence have reference to the Chinese law.