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《物权法》的实施不仅具有保护权利人物权的私法意义,而且还对行政法治的观念及制度带来了深刻的影响。在行政法治的观念上,应明确依法行政所依之法不仅指公法也应包括私法,在物权的保护方面不应是公益优先而应是公私益平等,政府在保护公民财产的义务方面应区别不同情形而有所为和有所不为;在行政法治的制度上,应明确新的行政主体并建立统一的不动产确权体制、完善征收征用及补偿制度、建立公务管理及使用制度、健全程序公正及参与机制以及运用综合救济机制保障权利不受侵害。此外,为保证公私法制的协调,还需建立合宪性审查机制。
The implementation of “Property Law” not only has the meaning of private law to protect the rights of rights holders, but also has a profound impact on the concept and system of administrative law. In the concept of administrative rule of law, it should be clear that the law of administrative according to law not only refers to the public law should also include private law, protection of property rights should not be prioritized public-interest should be equal, the government’s obligation to protect citizens’ property should Differentiate between different situations and do something and do something different. On the system of administrative law and rule of law, we should define a new administrative body and establish a unified system of real property confirmation, improve the system of requisition and compensation, set up a system of official management and use, and improve Procedural fairness and participation mechanisms and the use of integrated relief mechanisms to safeguard their rights against infringement. In addition, in order to ensure the coordination of public and private legal systems, a constitutional review mechanism needs to be established.