The Balance of Administrative Power and Rights in Housing Demolition Legislation
分析了房屋拆迁立法中行政权力与权利失衡的现象,提出根据不同拆迁模式建立相应的平衡机制,以维护公平和谐的拆迁秩序。
In a sense,the house demolition is a game playing between the administrative power and its rights. A housing demolition system that can make the administrative power and its rights in a balanced state can maintain a fair and harmonious demolition order. This paper analyzes the phenomenon of imbalance between the administrative power and its rights in housing demolition legislation,and puts forward the idea to complete the demolition system. The housing demolition can be divided into three kinds of demolition modes. In different demolition modes,the balance mechanism between the administrative power and its rights is different. This paper specifically analyzes the power status between them under different relocation mode,and puts forward the balance mechanism under the corresponding demolition mode.