Research On Problem Of Compensation For Loss Of Property In Field Of City Planning

As an use of public power by administrative organs, city planning may brings loss of property rights to citizens. While, not all of city planning can be compensated by country, we must judge it by distinguishing between different types. In the first place, the interest of reflection is not the right which law protects for particular person, it’s only the interest citizens enjoy based on reflection effect of law, impairment of this interest does not have the right to request for compensation. Secondly, city planning turns its face to future with strong discretionary on account of policy, administrative organs can change schedule planning according to specific situation flexibly and this is city planning’s normal state. Therefore, city planning does not provide citizens with a legal status to be trusted sufficiently, and we should limit the use of trust protection principle in the field of city planning. Besides, there is significant difference between the degree of limit city planning imposes to private property rights, the difference can be described by the concept of social obligation of property rights of and property collection. Social obligation of property right is inherent limitation which does not need compensation, property collection includes two types of damage:restriction of property rights which need compensation and damage occurs accompanied by public power. In case that the restriction of property rights involves powers and functions, it will stride across the range of social obligation, and turn into expansion of collection, which is the most important type of private property damage asking for compensation in the field of city planning.Before the modification of Administrative Procedure Law, the compensation for property damage in city planning was mainly through mature principles to achieve suability, but the actual effect was very weak; the new Administrative Procedure Law restructure the scope of administrative litigation by the concept of administrative dispute and administrative action, simplifing the situation to a certain extent, and the legal basis is no longer a problem. While, as the concept of administrative action is generalized, we still need to typed the action of city planning, so that the suability of loss compensation can be truly realized.