房屋征收行为中行政权力的滥用与约束——兼论《国有土地上房屋征收与补偿条例》

随着我国经济发展、城市化进程的加快,因房屋拆迁而引发的社会恶性纠纷日益增多,一边是不由分说的＂强拆＂,一边是不惜以死抗争的＂抗拆＂,行政权力的无限膨胀,对个体财产权的肆意侵犯,已成为我国在建设法治国家过程中必须正视的问题。伴随着《国有土地上房屋征收与补偿条例》的出台,备受社会各界非议的《城市房屋拆迁管理条例》也同时废止。新拆迁条例在限制行政权力,保障私权上作出了巨大的努力,但仍未达到一个相对完善的境界,可以结合新拆迁条例,从公共利益的界定、程序正义、公平补偿三个方面思考如何进一步防范行政权力的滥用,以真实保障公民的财产权利。

The Abuse and Regulation of Administrative Power in House Expropriation- A Discussion of Regulations on the Expropriation of Houses on State- owned Land and Compensation Therefor

With the development of economy and urbanization in China, the vicious disputes caused by house demolition tend to increase rapidly. One side takes forceful action for house demolition and the other side prevents demolition with the threat of committing suicide. As a result, administrative power becomes infinite and willingly infringes on private properties, which has become a major problem confronted in the process of constructing a legal state. With the implementation of Regulations on the Expropriation of Houses on State - owned Land and Compensation Therefor, Regulations on the Dismantlement of Urban Houses become annul. The new regulations make great efforts in regulating administrative power and guaranteeing private rights. However, there is still space for improvement. This paper discusses ways to regulate administrative power from three aspects, that is , definition of public interests, procedural justice and just compensation, to protect the property rights of citizens