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《物权法》颁布后,“拆迁”制度改革成为社会关注的热点话题。2009年年底连续见诸各类媒体的潘蓉案、唐福珍案等恶性拆迁事件,加上北大五学者的上书,使人们对拆迁制度的关注上升到无以复加的高度。法律人士从宪法、行政法、民法等多个角度对拆迁制度的弊端、公益与非公益的区分、拆迁主体及拆迁补偿等问题提出了很多中肯意见,但仍有一些问题尚未引起足够关注,部分观点值得商榷。
After the promulgation of the Property Law, the “demolition” system reform has become a hot topic of social concern. In the end of 2009, various vicious demolition cases such as the Pan Rong case and the Tang Furen case, which were successively seen in various media, together with the letter from Peking University Five scholars, raised the people’s attention to the demolition system to the height of no addition. Legal persons put forward many pertinent views on the malpractices of the demolition system, the distinction between public welfare and non-public welfare, the main body of demolition and compensation for demolition from many aspects such as constitutional law, administrative law, civil law and so on. However, there are still some problems that have not yet attracted enough attention. Some of them Point of view is questionable.