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行政行为介入时如何保护和补偿自然人利益,是困扰我国民法相邻关系制度之一大难题。理论上,由于处于行政法与民法的交叉地带,往往被学者所忽略;立法上,可依赖之法条不仅数量匮乏且存在赔偿、补偿不分、补偿客体不明、补偿标准模糊、补偿类型狭隘等缺陷。此背景下,本论文以行政行为为切入点,研究相邻关系补偿问题之理论前提、立法分析,并提出相应的完善建议。
How to protect and compensate the interests of natural persons during the intervention of administrative acts is one of the major problems plaguing the system of neighboring relations in civil law in our country. In theory, due to the intersection of administrative law and civil law, it is often overlooked by academics. In terms of legislation, the law to be relied upon is not only deficient in quantity but also indemnified, irrespective of compensation, with unknown objects of compensation, ambiguous compensation standards and narrow compensation types defect. Under this background, this dissertation takes the administrative behavior as the starting point, studies the theoretical premise and legislation analysis of the adjacency compensation, and puts forward the corresponding improvement suggestions.