我国行政程序与宪政冲突的立法修正——以《城市房屋拆迁管理条例》为例

Legislative Remedy for the Conflict between Chinese Administrative Procedures and Constitutionalism——Taking as an example the Supervise Ordinance of Removing Inhabitants in the City

我国的行政程序大量由行政法规或者规章来设置,这些程序性的规定存在诸多缺陷且与宪政精神冲突。由于人民法院没有违宪审查权,因此,为了实现宪法对私人财产权的保护,有必要通过立法来修正。本文以我国《城市房屋拆迁管理条例》为例,对该条例在程序方面的缺陷作出了一般分析,并对立法修正提出了建议。

Lots of administrative procedures are enacted in administrative rules and regulations in our country and there are many defects in these procedure regulations, some of them even conflicting with constitutionalism. Courts in our country have no power of judicial review, so in order to protect private property with the Constitution, it is necessary to pass legislations in order to remedy. This article takes the Supervise Ordinance Of Removing Inhabitants in the City as an example and analyses some procedural defects in the ordinance. Finally the authors offer some suggestions.