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在审判实践中,我们经常遇到行政机关违法扣押正在营运的个体车辆而引起的行政诉讼,在赔偿范围及赔偿标准上,是否单纯只返还财产,而不赔偿营运损失及相应的其他损失。笔者拟就此问题谈几点不成熟的意见。一、侵犯的客体属双重客体1.致害行为侵犯了受害人的财产所有权。行政机关及其工作人员在行使职权时违法扣押个体营运车辆,直接侵犯了受害人的财产所有权。2.致害行为侵犯了受害人的经营权。经营权,是指经营者在法律规定的范围内,经工商行政管理机关批准,有经营的权利。个体工商户可以自主开展经营业务活动,这是法律赋予的权利,任何部门都不得侵犯。行政机关违法扣押个体营运车辆,实际剥夺了个体运输营运者赖以经营的生产资料,使其营业性客货运输中断,所追逐利润的目的不能实现,正常合法经营活动不能进行,其营运权利同时被剥夺。
In trial practice, we often encounter administrative actions caused by administrative organs illegally detaining individual vehicles that are in operation. Whether the property is repatriated solely on the scope of compensation and the standard of compensation, we will not compensate for the loss of operation and any other losses. I would like to talk about this issue a few immature opinions. First, the object of infringement is a double object 1. Damages infringe the victim’s property ownership. When exercising their powers, the administrative organs and their staff members illegally detain individual operating vehicles and directly infringe upon the victim’s ownership of the property. 2. Damages infringe on the victim’s right to operate. The right to operate means that the operator, within the scope of the law, has the right to operate as approved by the administrative authority for industry and commerce. Individual industrial and commercial households can conduct their own business operations, which is the law gives the right, no department shall infringe. The administrative organs illegally detain individual operating vehicles and effectively depriving them of the means of production relied upon by the individual transport operators to interrupt their business of transporting passengers and cargoes. The purpose of the chased profits can not be realized. The normal legal business operations can not be carried out and their operating rights are simultaneously Be deprived of.