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《国有土地上房屋征收与补偿条例》规定了司法强制拆迁的原则,然而在实践中,仍然有少数行政机关以拆除违法建筑的名义对合法建筑实施强制拆迁,引起了社会各界的广泛争议。强制拆迁的背后正是行政机关的行政行为和公民权益之间的博弈。通过建立违法建筑的司法界定制度,完善被拆迁的参与机制,严格追究强制拆迁合法建筑有关人员的法律责任等方式可以有效地规制和避免此类强制拆迁的发生。
However, in practice, a small number of administrative organs still have to dismantle the illegal structures in the name of forced demolition of legal buildings, causing widespread controversy in all walks of life. Behind the mandatory demolition is the game between the administrative acts of the executive and citizens’ rights and interests. By establishing the judicial definition system of illegal building, perfecting the participation mechanism of demolition, and strictly investigating the legal responsibilities of the persons who are forced to demolish the legal buildings, we can effectively regulate and avoid the occurrence of such compulsory demolition.