我国城市房屋拆迁补偿法律制度失范与重构

城市房屋拆迁的实质为房屋征收(或称不动产征收),是公权基于公共利益的需要对私权的合法剥夺,是政治国家基于公共利益的需要对市民社会的干预。基于人权、自由、秩序诸价值的考量和公权与私权、拆迁人与被拆迁人利益平衡之需要,以私权保障理念为基点对现行失范的补偿法律制度予以重构,对于构建一套合理的保障被拆迁人利益的拆迁法律、法规意义重大。

Irregulation and Reconstruction of the Legal System of Urban Housing Demolition Compensation

The essence of housing demolition in cities is the requisition of houses,which is a legal deprivation of private rights and an intervention in civil society by political states based on the public interest.Considering factors such as human rights,freedom,order,balancce of interests between public right and private right,and balancce of interests between the demolishing party and the demolished party,to reconstruct the current irregulative legal system of compensation based on the idea to protect private rights presents the importance to establish a series of laws and regulations guaranting the interests of the demolished party.