论文部分内容阅读
随着城市化进程的不断深入,征地拆迁安置过程中的法律问题也逐步显现出来。特别是在拆迁安置纠纷中,基层国土资源机关与被拆迁户达成的《征地拆迁安置协议》是行政合同还是民事合同,当事人之间观点各异,甚至司法机关对此也存在认识分歧。由于合同性质不同决定了法律救济途径的差异,所以必须正确判断《征地拆迁安置协议》的性质。而如
With the deepening of the urbanization process, the legal issues in the process of land acquisition, demolition and resettlement are also gradually revealed. Especially in the dispute of demolition and resettlement, whether the agreement on land acquisition, house demolition and resettlement reached by the grass-roots land and resources authorities with the demolished households is an administrative contract or a civil contract, and the parties have different opinions, and even the judicial authorities have different opinions on this issue. Due to the different nature of the contract determines the differences of legal remedies, it is necessary to correctly judge the nature of the Agreement on Land Acquisition and House Demolition. And like