私权理念与城市私房拆迁的立法

城市房屋拆迁是社会经济发展过程中的一个必然现象,立法应当对这一社会现象有一个回应。树立私权理念是正确解决城市建设与房屋所有权保护之间利益冲突的重要基础。在城市私房拆迁中应当界定社会公共利益且将其作为私房拆迁的直接目的。债权相对性的基本规则在城市私房拆迁中应予遵守。行政管理活动应当为衡平拆迁人与被拆迁人利益及其与社会利益之间的关系提供服务。房屋所有权人对建设项目立项知情权和非社会公益拆迁的异议权是有利于城市建设活动规范进行的制度保障之一。

On the Concept of Private Right and the Legislation of Urban Private House Breaking and Removing

Urban house breaking and removing is an inevitable phenomenon in the process of social and economic development. Legislation shall have a response to such a social phenomenon. Creating the concept of private right is an important basis for settling the interest conflicts between city construction and protection of the house ownership. While breaking the urban private houses, the social public interests shall be defined and regarded as the direct purpose of breaking private houses. The principle of the relativity of creditor's right shall be observed. The administrative activities shall provide service for balancing the relationship between house-breakers and house-owners, and their relationship with social interests. House-owners' right to be noticed about the construction program and their right to present objection to the non-public policy house-breaking is one of the system guarantees favorable for carrying out the regulations with respect to city construction.