论农村集体土地征收补偿协议中农民权益的司法救济

发布时间：2018-05-08 11:58

本文选题：行政协议第三人 + 司法救济　；参考：《浙江大学》2017年硕士论文

【摘要】：行政协议首次纳入行政诉讼受案范围,由于规范供给较少,规范不明确,使得行政协议的司法救济遇到难题。一方面,行政协议不同于其他的行政行为,因此审理行政协议的规则也应特别予以架构,另一方面,救济第三人和救济协议当事人又有所不同,因此第三人权益的司法救济制度更具特殊性。集体土地征收补偿协议属于行政协议,协议的第三人为农民。因此从理论意义上,研究集体土地征收补偿协议的第三人"农民"的权益的救济有助于研究行政协议第三人的救济。研究此类第三人权益的救济也有重要的现实意义,作为第三人,农民的权益受损现象频发,受损程度严重。土地征收是土地产权转移的过程,涉及征收人和被征收人。在被征收人一方,由于我国农村土地为集体所有制,村委会等集体组织作为"村集体"的代表行使土地的所有权,因此我国农村土地征收中形成了 "征收人——村集体——农民个体"这样独特的三方关系。也就意味着农民在征收中既需要和征收人博弈也要和村集体博弈,导致了农民受损的常见性和严重性,因此亟需司法救济制度的保障。全文共分为四个部分。第一部分为"概述及研究方法",主要内容为:首先,行政协议的规则不完备,使得行政协议诉讼的审理遇到难题。特别是协议第三人权益的救济制度亟需构建。本文将从"集体土地征收补偿协议中的农民"这一第三人展开讨论。鉴于在土地征收补偿协议的各个阶段对农民侵害的不同表现,文章将分三部分展开讨论,即第二、三、四部分。第二部分为"未经第三人授权缔结的行政协议之诉讼救济",该部分农民权益受损的主要原因是协议事项未依法经村民(代表)大会通过,程序重大且明显违法。该部分将从第三人的原告资格,受案范围扩张解释,合法性要素中的程序合法审查等角度讨论。第三部分为"协议内容损害第三人权益情形下的诉讼救济",该部分第三人权益的受损的原因是协议内容不合法或不合理,将从补偿协议内容的受案范围,"规范性文件一并审查"规则的构建,补偿标准的审查方式以及增设了变更判决和部分无效判决展开。第四部分为"履行阶段第三人权益受损情形下的诉讼救济",主要从"被告为征收人"展开,这部分第三人权益受损的原因是征收人未全面履行协议内容。其中对征收人提起的履约之诉又可分为"因征收人行使行政优益权"和"因征收人未按照约定履行"两种情况。
[Abstract]:The administrative agreement is brought into the scope of administrative litigation for the first time. Due to the lack of normative supply and unclear regulation, the judicial relief of administrative agreement is difficult. On the one hand, the administrative agreement is different from other administrative acts, so the rules of hearing the administrative agreement should be specially structured, on the other hand, the third party and the relief agreement parties are different. Therefore, the third party rights and interests of the judicial relief system is more specific. The collective land expropriation compensation agreement belongs to the administrative agreement, the third party of the agreement is the farmer. Therefore, from the theoretical point of view, it is helpful to study the relief of the third party's rights and interests of the third party in the collective land expropriation compensation agreement. It is also of practical significance to study the relief of the rights and interests of the third party. As the third party, the rights and interests of the farmers are often damaged and the degree of damage is serious. Land expropriation is the process of land property right transfer, involving expropriator and expropriator. On the one hand of the expropriated person, as the rural land in our country is collective ownership, the village committee and other collective organizations exercise the ownership of the land as representatives of the "village collective". Therefore, the unique tripartite relationship of expropriator-village collective-peasant individual has been formed in the rural land expropriation in our country. It means that farmers need to play games with the expropriator and the village collective game, which leads to the common and serious damage of farmers. Therefore, the protection of judicial relief system is urgently needed. The full text is divided into four parts. The first part is "Overview and Research methods", the main contents are: first, the rules of administrative agreement are not complete, which makes the trial of administrative agreement litigation meet with difficulties. Especially, the relief system of the third party's rights and interests needs to be constructed. This article will discuss from the third party, "Farmers in the Collective Land expropriation compensation Agreement". In view of the different performance of the compensation agreement of land expropriation, the article will be divided into three parts, that is, the second, third, and fourth parts. The second part is the litigation relief of the administrative agreement concluded without the authorization of the third party. The main reason for the damage to the rights and interests of this part of the peasants is that the items of the agreement have not been approved by the villagers (representatives) according to law, and the procedure is significant and obviously illegal. This part will be discussed from the point of view of the plaintiff qualification of the third party, the interpretation of the scope of the case, and the legal examination of the procedure in the elements of legality. The third part is "the remedy of litigation under the circumstance that the content of the agreement damages the rights and interests of the third party". The reason for the damage of the third party's rights and interests is that the content of the agreement is illegal or unreasonable. It will be carried out from the scope of acceptance of compensation agreement, the construction of the rule of "review of normative documents together", the examination of compensation standard and the addition of modified judgment and partially invalid judgment. The fourth part is "the litigation relief under the condition of the third party's rights and interests damaged in the performance stage", which mainly starts from "the defendant is the expropriator". The reason for the third party's rights and interests being damaged is that the expropriator has not fully fulfilled the contents of the agreement. The performance action brought against the expropriator can be divided into two situations: "the expropriator exercises the right of administrative advantage" and "the expropriator does not perform according to the agreement".
【学位授予单位】：浙江大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D925.3;D922.32

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