论行政补偿的宪法基础

近代以来,人们的财产权利观念发生了历史性的变化,财产权利绝对的神圣不可侵犯性受到挑战。现代各国都在宪法中明确规定,政府基于社会公益之需,可以对公民财产进行征用或限制,但是须以公平补偿为前提。行政补偿制度的价值在于,它既充分体现了其对公民权利的保障功能,也充分体现了其对公共利益与个体利益的协调功能。我国现行宪法只有征用条款,却缺少补偿条款,应予完善。

Discussion of the Constitution Base of Administrative Compensation

In recent years, the property rights are viewed differently, and the absolute inviolability is challenged. It is clearly stated in contemporary Constitutions of many countries that in the name of public interest, the government can confiscate or restrict private properties on the premise of fair compensation. The administrative compensation system not only ensures citizen rights, but also harmonizes public and private interests. However, it should be noted that Chinese Constitution sets down confiscation provisions only but lacks compensation ones. So our Constitution should be perfected.