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随着社会主义法治进程的不断推进,对私权利的保护越来越受到关注,这要求政府依法行政,约束公权力。拆迁过程,因为杂糅了多方的利益纠葛而形成错综复杂的法律关系,其所引发的社会矛盾和大规模群体性对抗事件已成为破坏社会和谐稳定的因素。本文指出拆迁过程中公权力的运行需要“置身事外”的第三方来监督,否则容易造成公权力对私权利的肆意侵害。检察机关是我国宪法规定的法律监督机关,其应该在拆迁中承担起监督职责,充分发挥检察职能,维护法律的尊严与权威,同时维护社会的和谐与稳定。
With the continuous progress of the socialist rule of law, the protection of private rights is receiving more and more attention, which requires the government to exercise its power according to law and bind public power. The demolition process has complicated legal relations because of its complicated interests. The social conflicts and large-scale mass confrontation incidents have become the factors that undermine social harmony and stability. This paper points out that the operation of public power in the demolition process needs to be supervised by a third party who “stays away from things”, otherwise the public power will easily cause wanton violation of private rights. The procuratorial organ is the legal supervision organ stipulated in the constitution of our country. It should assume the supervisory responsibility in the demolition, give full play to the procuratorial functions, maintain the dignity and authority of the law, and at the same time, maintain social harmony and stability.