论文部分内容阅读
征收相关协议之法律性质如何,在运用公私法契约区分理论时,应特别考虑各地法制脉络及社会背景之差异。就我国台湾地区的“协议价购”而言,需用土地人与土地所有权人之间并无私法自治、缔约自由之运作空间,故应评价为行政契约,有纠纷时应循行政诉讼程序解决。就我国大陆的“补偿协议”而言,由于补偿是公法上的弥补机制,是征收程序不可分割的一部分,因此为典型的行政契约,亦应由行政庭依照《行政诉讼法》裁判纠纷。
When the legal nature of the relevant agreements is levied, when applying the compact between public and private law to differentiate theories, special consideration should be given to the differences in legal systems and social contexts in various places. As far as Taiwan’s “negotiated purchase price” of Taiwan is concerned, there should be no private law autonomy between the landowners and the landowners. Therefore, it should be evaluated as an administrative contract and should be governed by administrative lawsuits in case of disputes Program to solve. As far as the “Compensation Agreement ” in Mainland China is concerned, compensation is an indemnity mechanism of public law and an integral part of the collection procedure. Therefore, it is a typical administrative contract that should be adjudicated by the Administrative Tribunal in accordance with the Administrative Procedure Law .