论征收与征用概念的界定

我国的征收和征用存在理论不能解释现实、制度之间不能协调统一的不足。2004年3月14日第十届全国人民代表大会第二次会议通过的宪法修正案,对完善我国征收和征用制度提供了宪法依据。宪法修正案第20条和第22条,在充分保障公民财产权的前提下,在公共利益与个人利益的平衡过程中形成、发展,具有很强的宪政精神。但在学界征收与征用这两个概念的界定、使用非常混乱,需要以宪法修正案为依据加以澄清。

Distinction between the Concepts of Levy and Requisition

In our country there are some defects in the systems of levy and requisition,which can be reflected in the following two aspects: one is that the theory of the two systems can not be used to explain the reality; the other is that the systems can not coordinate each other well. The constitutional amendment,which was passed at the second conference during the tenth session of National People's Congress on March 14,2004,provides constitutional basis to perfect the systems of levy and requisition in our country. Under the major premise of fully safeguarding the citizens' property rights,Constitutional amendment 20th and 22nd formed and developed in the balance process between public interest and personal interest,is of strong constitutional government spirit. But in academic field there is lots of confusion in the distinction and usage of the two concepts of levy and requisition,so it needs to be clarified on the basis of constitutional amendment.