房屋征收补偿行政诉讼之适格原告
Eligible Plaintiffs in Administrative Litigation for Housing Requisition and Compensation
张红 1孙悦1
作者信息
摘要
《国有土地上房屋征收与补偿条例》关于对征收补偿行为提起行政诉讼之适格原告的规定较为原则,实践中存在争议.适格原告认定规则的构建,应以主观公权利理论为基础界定利害关系,对不动产所有权变动享有异议权的主体为征收决定行政诉讼的适格原告,遭受相应损失并有权受领法定补偿的主体为补偿行为行政诉讼的适格原告.对被征收人而言,除不动产登记簿记载的所有权人外,有证据证明对房屋享有绝对支配力的事实权利人以及以取得所有权为目的的预告登记权利人亦是被征收人,有权对征收及补偿行为提起行政诉讼.被征收人签订补偿协议并得到完全补偿后仍有权对征收决定提起行政诉讼.对征收相关人而言,公房承租人具有完整的独立诉权,私房承租人以及居住权人仅为补偿行为行政诉讼的适格原告,而抵押权人则无权就征收与补偿行为提起行政诉讼.
Abstract
In the Requisition and Compensation Ordinance of Housing on State-owned Land,the provisions of qualified plaintiffs in administrative litigation concerning housing expropriation and compensa-tion are principled,leading to practical disputes To establish determination rules for qualified plaintiffs,it is essential to define the relationship of interests based on the theory of subjective public rights.Those who possess the right to object to changes in real estate ownership are considered qualified plaintiffs in adminis-trative litigation related to expropriation decisions.On the other hand,individuals who have suffered losses and are entitled to receive statutory compensation are the qualified plaintiffs in administrative litigation con-cerning compensation actions.For expropriated individuals,beyond the owners listed in the real estate reg-istration book,those with evidence of absolute dominance over the property and individuals with notice reg-istration for the purpose of obtaining ownership are also considered expropriated persons.They possess the right to file administrative lawsuits against expropriation compensation actions.Even expropriated individu-als who have signed a compensation agreement and received full compensation retain the right to file an ad-ministrative lawsuit against the expropriation decision.Regarding those impacted by expropriation,tenants of public housing have complete and independent litigation rights,while lessees of private housing and in-dividuals with habitation rights qualify only as plaintiffs in administrative litigation related to compensation actions.However,mortgagees do not have the right to file administrative litigation for expropriation and compensation actions.
关键词
房屋征收/征收补偿/行政诉讼/利害关系/适格原告Key words
Housing Requisition/Requisition and Compensation/Administrative Litigation/Inter-est/Eligible Plaintiffs引用本文复制引用
出版年
2024
NETL
NSTL
万方数据