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管制性征收制度肇始于美国,通过梳理联邦最高法院关于管制性征收的典型判例可以发现,以“价值减损程度”为核心的两要素标准,结合特定事实审查,已成为判断管制性征收的主导性标尺。管制行为导致相对人合法权益受损的问题在我国也已大量出现,从美国私人财产权保护运作中汲取有益因素,可以对解决中国的征收问题有所启发。
The regulatory expropriation system originated in the United States. By combing the typical jurisprudence of the Federal Supreme Court on regulatory expropriation, it can be found that the two-factor criteria with “devaluation level” as the core, combined with the examination of certain facts, has become the measure of regulatory expropriation Leading rod. The problem of damage to the legitimate rights and interests of the counterparty caused by the regulatory act has also appeared in our country in large numbers. Drawing lessons from the protection of the private property rights in the United States can help to solve the problem of China’s expropriation.