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行政补偿入宪,对于完善我国征收、征用制度,有效限制行政权的行使,保障私人财产权,均具有重大意义。行政补偿是基于国家合法的侵权行为,私人为公共利益所遭受特别牺牲时由国家承担的填补责任。在西方国家中,行政补偿要比国家因违法侵权行为引起的损害赔偿更受重视。然而,由于我国长期以来受计划经济影响,私权保护观念淡薄,行政补偿一直未引起我国法学界的足够重视。值此宪法修改之际,对我国行政补偿理论研究成果加以梳理和总结,以期对推动行政补偿理论研究的深化有所助益。
Administrative compensation into the constitution, for the improvement of China’s expropriation and expropriation system, effectively limit the exercise of administrative power, protect private property rights, are of great significance. Administrative compensation is based on the legal infringement by the state, and the private party shoulders the responsibility of the state when the private person suffers special sacrifices for the public interest. In western countries, administrative compensation is paid more attention than damages in the country caused by illegal infringement. However, due to the long-term impact of planned economy in our country, the concept of private rights protection has been weak, and administrative compensation has not drawn enough attention from the jurisprudence of our country. On the occasion of the revision of the constitution, this paper reviews and summarizes the research results of the theory of administrative compensation in our country in the hope of contributing to the deepening of the study on the theory of administrative compensation.