国有土地上房屋征收与补偿的十个具体问题——从三起公报案例谈起

发布时间：2018-07-20 19:23

【摘要】：大规模城镇化建设既推动了社会的快速发展,也引发了被称作"天下第一难"的房屋征收拆迁问题。《国有土地上房屋征收与补偿条例》出台解决了城市房屋拆迁中的突出问题,但给实践仍留下不少待解问题:征收与补偿的同时性未明确体现,征收时点、评估时点和补偿时点三者关系缺乏规定,不合理迟延补偿仍存,被征收人公平补偿权难以充分保障,征收决定的内容和形式有待明确,补偿决定对被征收人产权调换和货币补偿选择权尊重不足,对征收与搬迁过程中的不同行政行为的裁判基准时摇摆不定,被征收人非理性维权时有发生,公民诉权保障与司法资源有限性矛盾突出。本文通过解读《最高人民法院公报》先后刊登的于栖楚案、陈山河案和安业案例及其裁判要旨,"唤醒"并合理解释我国征收拆迁既有法律规范,并推动实现征收补偿的法治化。
[Abstract]:Large-scale urbanization has not only promoted the rapid development of society, but also caused the problem of house expropriation and removal, which is called "the first difficulty in the world." the introduction of the regulations on Housing Collection and compensation on State-owned Land has solved the outstanding problems in the demolition of urban houses. However, there are still many unsolved problems in practice: the simultaneous nature of expropriation and compensation is not clearly reflected, the relationship between the time of collection, the point of assessment and the point of compensation is not regulated, and the unreasonable delay of compensation still exists. The right to fair compensation of the expropriated person is difficult to be fully guaranteed, the content and form of the expropriation decision need to be clarified, and the compensation decision does not respect the property right of the expropriated person and the monetary compensation option. In the process of expropriation and relocation of different administrative acts of the basis of the wobbly, the expropriated non-rational rights protection occurred from time to time, the protection of citizens' right of action and limited judicial resources of the contradiction is prominent. By interpreting the case of Yu Qi Chu, the case of Chen Shan he and the case of Anye, published successively in the Bulletin of the Supreme people's Court, this paper "awakens" and reasonably explains the existing legal norms of expropriation and removal in China, and promotes the realization of the legalization of expropriation and compensation.
【作者单位】：最高人民法院;
【分类号】：D922.33

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