行政规划变更中财产权益的保护
发布时间：2019-02-26 08:58
【摘要】：行政规划在国家的政治生活中发挥着越来越多的作用。小到民众的出行便利,大到国家的安定和谐,行政规划的重要性日益明显。近年来许多与行政规划相关的群体性事件在媒体上得以披露。社会在关注行政规划本身的科学性、合法性并进一步提出撤销或者变更原规划的同时,往往忽视了那些基于原规划而已经对其财产作出处分的利害关系人的利益。本文正是围绕行政规划变更过程中存在的对利害关系人带来财产权益损失等相关问题,并结合国内现状论述对利害关系人的保护途径。本文分为五个部分。在文章的开头,简单介绍了行政规划的概念和分类。文章的第二部分,借用司法案例,阐明了当前对行政规划变更中利害关系人保护的现状以及目前所存在的问题。文章的第三部分,解释了在行政规划变更中利害关系人财产权益保护出现诸多问题的原因,即这是由规划本身特点决定的,然后介绍了国内外对行政规划特点的认识,并提出了自己的观点,即行政规划具有政策性和动态性的特点。所谓政策性即行政规划往往是政府政策的体现,反映了行政机关的执政理念和政策导向。也正是因为其政策性的属性导致了行政规划动态性的特点。动态性的特点加上经济社会发展的需要,同时伴随着人民认识水平的提高,规划具有较强的变动性也就显得比较合理。然而,规划具有较强的变动性并不意味着行政规划可以任意的变更。在文章的第四部分中,首先基于程序上权力制衡的考量与实体上信赖保护原则的要求,论证了对行政规划变更中利害关系人财产权益加以保护的必要性。然后,对利害关系人的界定提出了两个原则。第一,关系人对行政规划享有权益,这里面的权益既包括法律规定的财产权、知情权,也包括了期待利益；第二,关系人受损害的财产权益与行政规划变更存在因果关系,在这里,采用了“相当因果关系”说。在文章的第五部分,分别从程序规制与实体规制以及扩大司法救济范围上,阐述了对利害关系人权益保护的途径。首先在程序上,由于利害关系人往往难以预料到自身的权益受到损害,笔者认为应当建立规划变更理由说明和送达利害关系人的制度。这种制度是为了确保让利害关系人对自身的权益状况有足够的了解,从而更积极地参与行政规划变更的听证以及其他程序中去。在完善听证制度中,文章提出了完善听证的组织以及听证规则的建议。在完善专家论证制度中,强调了在变更程序中的“专家”应该区别于原规划中的“专家”,并提出了专家的资格条件以及确保专家公正论证的相关建议。在实体规制上,提出了对利害关系人的财产权益应根据不同情况分别采取存续保护以及财产保护的方式。其中在财产保护中,着重阐述了行政补偿机制,包括了行政补偿的构成要件、补偿原则等内容,提出了利害关系人协商制度以及非金钱行政补偿方式。在扩大司法救济范围上,笔者提出了将某些强制性行政规划比如控制性详细规划归为具体行政行为的范畴,从而可以扩大利害关系人在司法上的保护。
[Abstract]:Administrative planning plays an increasingly important role in the country's political life. The importance of the small-to-population travel convenience, the stability and harmony of the country and the administration planning is becoming more and more obvious. In recent years, many group events related to administrative planning have been disclosed in the media. The society pays attention to the scientific, the legitimacy of the administration planning itself, and further puts forward the cancellation or change of the original plan, and often ignores the interests of the interested parties that have taken the disposal of the property based on the original plan. This paper is about the related problems of the loss of property rights brought by the interested parties in the course of the change of the administrative planning, and discusses the protection ways of the interested parties in the light of the domestic situation. This paper is divided into five parts. At the beginning of the article, the concept and classification of administrative planning are briefly introduced. The second part of the article, borrowing the judicial case, expounds the current situation of the protection of the interested parties in the change of the administrative planning and the existing problems. The third part of the article explains the reason that the interest protection of the interested party in the change of the administrative planning has many problems, that is, it is decided by the characteristics of the planning itself, and then the understanding of the characteristics of the administrative planning at home and abroad is introduced, and the view is put forward. That is, the administrative planning has the characteristics of policy and dynamics. The so-called policy is that the administrative planning is often the reflection of the government policy, which reflects the governing concept and the policy orientation of the administrative organ. It is also because the nature of its policy has led to the dynamic nature of the administrative planning. The dynamic characteristics, combined with the need of economic and social development, are accompanied by the improvement of the level of people's awareness. However, planning has a strong variability does not mean that administrative planning can be changed in any way. In the fourth part of the article, firstly, based on the consideration of the balance of power on the program and the requirement of the principle of the trust protection on the entity, the necessity of protecting the interests of the interested parties in the change of the administrative planning is demonstrated. Then, two principles are put forward for the definition of the interested party. First, the interested party has an interest in the administrative planning, which includes both the property right and the right to know of the law, and the expected benefit, and the second, the relationship between the property rights and interests of the injured party and the change of the administrative planning, and the 鈥渟ubstantial causal relationship鈥，
本文编号：2430624
[Abstract]:Administrative planning plays an increasingly important role in the country's political life. The importance of the small-to-population travel convenience, the stability and harmony of the country and the administration planning is becoming more and more obvious. In recent years, many group events related to administrative planning have been disclosed in the media. The society pays attention to the scientific, the legitimacy of the administration planning itself, and further puts forward the cancellation or change of the original plan, and often ignores the interests of the interested parties that have taken the disposal of the property based on the original plan. This paper is about the related problems of the loss of property rights brought by the interested parties in the course of the change of the administrative planning, and discusses the protection ways of the interested parties in the light of the domestic situation. This paper is divided into five parts. At the beginning of the article, the concept and classification of administrative planning are briefly introduced. The second part of the article, borrowing the judicial case, expounds the current situation of the protection of the interested parties in the change of the administrative planning and the existing problems. The third part of the article explains the reason that the interest protection of the interested party in the change of the administrative planning has many problems, that is, it is decided by the characteristics of the planning itself, and then the understanding of the characteristics of the administrative planning at home and abroad is introduced, and the view is put forward. That is, the administrative planning has the characteristics of policy and dynamics. The so-called policy is that the administrative planning is often the reflection of the government policy, which reflects the governing concept and the policy orientation of the administrative organ. It is also because the nature of its policy has led to the dynamic nature of the administrative planning. The dynamic characteristics, combined with the need of economic and social development, are accompanied by the improvement of the level of people's awareness. However, planning has a strong variability does not mean that administrative planning can be changed in any way. In the fourth part of the article, firstly, based on the consideration of the balance of power on the program and the requirement of the principle of the trust protection on the entity, the necessity of protecting the interests of the interested parties in the change of the administrative planning is demonstrated. Then, two principles are put forward for the definition of the interested party. First, the interested party has an interest in the administrative planning, which includes both the property right and the right to know of the law, and the expected benefit, and the second, the relationship between the property rights and interests of the injured party and the change of the administrative planning, and the 鈥渟ubstantial causal relationship鈥，
本文编号：2430624
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