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水库建设是一项极为复杂的系统工程,涉及多方面的利益。在水库移民中产生的法律关系是民事、经济还是行政法律关系存在争议。水库移民法律关系是指受水库移民法律规范调整的,在移民安置管理过程中,移民机关与移民相对人之间发生的权利与义务关系。从形式上看,作为移民法律关系产生前提的移民法律规范属于行政法;从内容上分析,水库移民法律关系具备行政法律关系的特征。水库移民法律关系的性质,应认定为行政法律关系。
Reservoir construction is an extremely complex system project involving many interests. The legal relationship arising from the resettlement of reservoirs is controversial as to the relationship among civil affairs, economy or administrative law. The legal relationship of reservoir resettlement refers to the adjustment of reservoir immigration laws and regulations. During the process of resettlement management, the rights and obligations of the resettlement agencies and the relatives of the resettled people are in the relationship. From a formal point of view, the immigration legal norms that are the prerequisite for the legal relations of immigrants belong to the administrative law; from the content analysis, the legal relations of reservoir immigrants have the characteristics of administrative legal relations. The nature of the legal relationship of reservoir resettlement should be recognized as the relationship between administrative law and legal affairs.