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《国有土地上房屋征收与补偿条例》的颁布和实施,较《城市房屋拆迁管理条例》有了实质性进步,其表现为政府的立法理念明显转变,房屋征收和拆迁活动得到进一步规范化,征收及补偿等制度进一步规范。但是,该条例同时也存在一些不足,其包括补偿款规定过于原则性,对土地使用权的补偿没有明确规定,以及如何保障司法裁决的公正性等,这些问题需该立法日后逐步来完善。
The promulgation and implementation of the Regulations on the Collection and Compensation of Houses on State-owned Land have made substantial progress over the Regulations on the Administration of Urban Housing Demolition. These manifestations include a clear change in the legislative concept of the government, the further standardization of housing expropriation and demolition activities, Compensation and other systems to further standardize. However, there are also some shortcomings in the regulation, including the principle of excessive payment of compensation, the lack of explicit provisions on the compensation of land use rights and how to guarantee the impartiality of judicial decisions. These problems need to be gradually improved after the legislative date.