论城市房屋拆迁与公民财产权的保障

近来我国因城建改造中进行的房屋拆迁而引发的冲突已成为社会关注的焦点问题,公民财产权与国家行政权力的失衡状况也尤为突出。国家行政权如果使用不当,就会有损公民的财产权。故此,在城市房屋拆迁中,对公共利益的范围应进行明确界定,实行公正合理补偿,通过正当的行政程序,以权利制约权力,实现对公民财产权利的有效保障。

On Urban Housing Demolition and Guarantee of Citizens' Right of Property

In recent years, the housing demolition in urban construction has become the focus of the public in our country, especially the unbalanced condition between the citizen’s right of property and the state administrative power. If the administative power can not be used properly, it will damage citizen＇s right of property. Therefore, during the process of housing demolition, it is expected to define the scope of public interest clearly, carry on a fair and reasonable compensation, and gradually achieve the effective protection through proper administrative procedure to limit the power.