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《国有土地房屋征收与补偿条例》2010年内两次公开征求意见,是继《物权法》出台与“钉子户”事件之后又一事关百姓“住”这一民生大问题的重磅之举,事关百姓切身利益的这一立法项目使得民众对新条例寄望甚深。两版本征求意见稿有所改动,专家学者评论不一,在各利益主体的博弈后,新条例面目如何殊未可知。可以看到,程序上的变动只是表面,能否完美地将政府及其所代表的国家引入征收拆迁法律关系当中,使其承担应负责任,才是本次立法真正致力于解决的问题。
The “Regulations on Collection and Compensation of State-owned Land” twice made public comments during 2010, following the promulgation of the “Property Law” promulgated by the “Nail Households” incident and another matter concerning people’s livelihood Cite this legislative project concerning the vital interests of the people so that people have great expectations of the new regulations. The two versions of the draft for comments have changed, experts and scholars comment on different interests in the game, the new regulations how the situation is unknown. It can be seen that the procedural changes are only superficial. Whether the government and the countries it represents can be perfectly introduced into the legal relationship of expropriation and demolition to enable them to shoulder their responsibilities is the real issue to which this legislation is devoted.