城市房屋拆迁中土地使用权的补偿问题研究

我国法律中没有明文规定对于城市房屋拆迁过程中土地使用权进行补偿.实践中由此引发了诸多矛盾冲突,各地司法机关对此也认识不一.为了避免矛盾冲突,保护私权主体的利益,应当在物权法中将国有土地使用权的征收作为物权变动的一种类型.让城市房屋拆迁过程中对于土地使用权进行评估和补偿实至名归,并将其作为约束公权滥用的强制性规定.

On the Compensation to the Land Owners to Pull down Their Houses

There is no set article regulating the compensation to the owners to pull down their houses in China.It touches off many conflicts in practice and different judicial institution has different explanation for that.To avoid such conflicts and to protect the people's interest,we should define the use of the private people's land as a change of the right in the law of things,so that the compensation to the land owners to pull down their houses will assessed and legalized and the illegal taking over of the private properties will be restricted to a great extent.