论文部分内容阅读
近年来,随着城市化进程的快速推进,旧城改造成为新城建设的重要组成部分。国有土地上房屋征收是指政府对被征收人的房屋所有权及其相关权利的有偿征收,具有强制性、有偿性、裁执分离性的特点。《国有土地上房屋征收与补偿条例》作为现阶段实施房屋征收行为的主要法律依据,其在规范和约束政府的征收行为、保护被征收人的合法权益方面起到了重要作用。然在社会实践中,由于《征收条例》规定的不完善,加上一些地方政府并未严格按照法定程序实施征收,导致被征收人利益遭受损害的现象时有发生。本文针对房屋征收中存在的问题,提出强化制度设计、明确公共利益、规范征收程序等建议,以期对该项法律制度加以规范和完善。
In recent years, with the rapid progress of urbanization, the transformation of the old city has become an important part of the construction of the new city. State-owned land on the collection of housing refers to the government of the expropriated house ownership and its related rights of the paid collection, with mandatory, paid, the discretion of the ruling. The “Regulations on the Collection and Compensation of Houses on State-owned Land”, as the main legal basis for implementing the expropriation of houses at the present stage, plays an important role in regulating and restricting the government’s expropriation and protecting the legitimate rights and interests of the expropriated people. However, in social practice, due to the imperfect provisions of the “Regulations on the Collection and Collection of Offenses” and the fact that some local governments have not implemented the collection according to legal procedures strictly, the interests of the expropriated people have been harmed from time to time. This article aims at the existing problems in the housing expropriation, puts forward some suggestions such as strengthening the system design, clarifying the public interest and regulating the expropriation procedure, with a view to standardizing and perfecting the legal system.